Newell v. Warner
New York Supreme Court
ON the 16th of December, 1857, William H. Cheney executed to the plaintiff a chattel mortgage upon the property described in the schedule annexed to it.. Cheney resided at Eochester, and the chattel mortgage was filed in Monroe county clerk’s office on the 23rd February, 1858. The mortgage was given to secure notes which Cheney had given the plaintiff, for borrowed money.
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ON the 16th of December, 1857, William H. Cheney executed to the plaintiff a chattel mortgage upon the property described in the schedule annexed to it.. Cheney resided at Eochester, and the chattel mortgage was filed in Monroe county clerk’s office on the 23rd February, 1858. The mortgage was given to secure notes which Cheney had given the plaintiff, for borrowed money. The mortgaged property continued in the possession of Cheney, and included all his household furniture, and had been and continued to he in daily use by him and his family. The plaintiff was a sister of Cheney’s wife, and…
1Opinion of the Court
By the Court, Johnson, J.
The property in question which was taken by the defendant, on the execution, and to *262•which the plaintiff claims title, consists of a piano, brussels carpets, sofas, damask curtains, and various other articles of household furniture belonging to a well and expensively furnished house, of the value of over $500.
The plaintiff claims title by virtue of a chattel mortgage executed to her, by Cheney, the judgment debtor, against whom the execution was issued. The clause in the mortgage constituting the sale and transfer is in these words: “ I do hereby sell, transfer and…
2Cases cited3 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Swift v. HartNew York Supreme Court · 1850
3Cited by16 opinions
- In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
- Parker v. ChaseSupreme Court of Vermont · 1890
- Fowler v. HuntWisconsin Supreme Court · 1880
- Industrial Loan Ass'n v. SaulAppellate Terms of the Supreme Court of New York · 1901
- Wolcott v. AshenfelterNew Mexico Supreme Court · 1890
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