Chemung Canal Bank v. Payne
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mary L. Payne and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 13th day of March, 1897, upon- the decision of the court rendered after a trial at the Chemung Special Term in an action brought for the foreclosure of a mortgage.
1Opinion of the Court
Landon, J.:
The mortgage given by the defendants, the members of the firm of B. W. Payne & Sons, to the plaintiff September 3, 1896, was of both real and personal estate. It was not filed as a chattel mortgage until September 30, 1896, and meantime.the mortgagors remained in possession of all the property, both real and personal, except such of the personal property as they disposed of in the usual course of their business to parties other than the plaintiff. It was not the' intention of the parties that the mortgagors should give the plaintiff immediate possession of the personal property.
The…
2Cases cited4 opinions
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
- Booth v. . KehoeNew York Court of Appeals · 1877
- Lukens Iron & Steel Co. v. PayneAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- In re CarpenterU.S. Circuit Court for the District of Northern New York · 1903
- Wheeler v. ChildsAppellate Division of the Supreme Court of the State of New York · 1897