Chemung Canal Bank v. . Payne
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 15, 1897, affirming a judgment in favor of plaintiff entered upon a decision of1 the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 15, 1897, affirming a judgment in favor of plaintiff entered upon a decision of1 the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The mortgage .foreclosed in this action was fraudulent and void because there was no actual and continued change of possession and the mortgage was not filed. (2 R. S. 136, § 5; L. 1833, ch. 279, § 1; Thomas on Chat. Mort. 222, § 325 ; Karst v. Gane, 136 N. Y. 316; L. I. &…
1Opinion of the CourtWerner, J.
This action was brought to foreclose a mortgage dated Sept. 3, 1896, executed by Benjamin 1ST. Payne, David W. Payne, Sarah E. Payne, Esther A. E. Payne and Mary L. Payne to the plaintiff.
■ Said mortgagors, with the exception of Esther A. E. Payne, who was the wife of Benjamin H. Payne, were members of the firm of B. W. Payne & Sons. The mortgage covered both real and personal estate. It was not filed as a chattel mortgage, or recorded as a real estate mortgage, until Sept. 30, 1896, and in the interim the mortgagors remained in possession of all the property, except such personal property as…
2Cases cited7 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Cross v. United States Trust Co.New York Court of Appeals · 1892
- Locke v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
- Oxley v. . LaneNew York Court of Appeals · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re Leslie-Judge Co.Court of Appeals for the Second Circuit · 1921
- In Re Bernard & KatzCourt of Appeals for the Second Circuit · 1930
- Brown v. LeoCourt of Appeals for the Second Circuit · 1926
- Hammond v. Carthage Sulphite Pulp & Paper Co.Court of Appeals for the Second Circuit · 1925
- Stringer v. BarkerAppellate Division of the Supreme Court of the State of New York · 1905
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