Cole & Thurman v. White
New York Supreme Court
TT1RROR from the Supreme Court. White brought an -®-A action of trover against Cole and Thurman for the undivided half of a schooner called the Deming, her tackle, apparel and furniture, purchased by him on the 9th March, 1838, at a sheriif’s sale by virtue of an execution issued on a judgment in favor of the Commercial Bank of Oswego, against W. & C. Deming and two other persons, docketted 16th October, 1837. The property was levied upon T^r^ue 0f the execution on 21st…
Read the full summary
TT1RROR from the Supreme Court. White brought an -®-A action of trover against Cole and Thurman for the undivided half of a schooner called the Deming, her tackle, apparel and furniture, purchased by him on the 9th March, 1838, at a sheriif’s sale by virtue of an execution issued on a judgment in favor of the Commercial Bank of Oswego, against W. & C. Deming and two other persons, docketted 16th October, 1837. The property was levied upon T^r^ue 0f the execution on 21st October, 1837, at which time the Demings were in the possession of the vessel. The Demings resided at Oswego, and owned the…
1Opinion of the Court
After advisement the following opinions were delivered:
By Senator Verplanck.
The first question to be settled here, is as to the legal character of the hypothecation under which the plaintiffs in error claim. It has been maintained to be an hypothecation within the exceptions of the seventh section of title two, of that part of the statutes entitled, “ Of fraudulent conveyances and contracts relative to goods, chattels, and things in action;” and therefore not subject to the presumption of fraud imposed by the statute upon sales and assignments by way of mortgage, unaccompanied by delivery and…
2Cases cited4 opinions
- The Steam-Boat Thomas JeffersonSupreme Court of the United States · 1825
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Brooks v. PowersMassachusetts Supreme Judicial Court · 1818
- Stoddard v. ButlerNew York Supreme Court · 1838
3Cited by9 opinions
- Stewart v. SlaterThe Superior Court of New York City · 1856
- Cotton v. MarshWisconsin Supreme Court · 1854
- Randall v. ParkerThe Superior Court of New York City · 1849
- Bond v. SeymourWisconsin Supreme Court · 1849
- Hanford v. ArtcherCourt for the Trial of Impeachments and Correction of Errors · 1842
4 more not listed; retrieve them via the Exa API.