Randall v. Carman
New York Supreme Court
Appeal from special term, Suffolk county. Action by Eliza W. Randall against Arington H. Carman, as assignee for the benefit of creditors of Seward S. Smith. Judgment was entered in favor of plaintiff, and defendant appeals. Reversed.
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Appeal from special term, Suffolk county. Action by Eliza W. Randall against Arington H. Carman, as assignee for the benefit of creditors of Seward S. Smith. Judgment was entered in favor of plaintiff, and defendant appeals. Reversed. This action was brought to foreclose a chattel mortgage bearing date June 20, 1892, given by one Seward S. Smith to the plaintiff’s assignor, one Henry L. Randall, to secure the payment of a part of the purchase price of a stock of goods sold by said Randall to said Smith. The condition of the mortgage was to pay $2,300, according to the terms of a promissory…
1Opinion of the CourtBrown, P. J.
The trial court decided that the provision in the mortgage relating to after-acquired property rendered it, as to such property, void against the assignee. He found, however, that the execution and delivery of the mortgage was an honest transaction, and held the mortgage to be a valid lien upon such of the mortgaged property as was transferred to the assignee; and the question presented upon this appeal is whether this latter ruling can be sustained, in view of the undisputed agreement between the parties relating to the mortgagor’s power to sell the property. The rule has been settled by…
2Cases cited6 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Robinson v. ElliottSupreme Court of the United States · 1875
- Brackett v. . HarveyNew York Court of Appeals · 1883
- Mandeville v. . AveryNew York Court of Appeals · 1891
- Potts v. . HartNew York Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re the Accounting of HoneNew York Court of Appeals · 1897
- Hardt v. DeutschNew York Supreme Court · 1897