Crisfield v. Bogardus
New York Supreme Court
Motion for judgment on special verdict. The action was brought by plaintiff, Crisfield, as assignee of one Mann for the benefit of creditors, against Bogardus and others, for the value of property taken and sold by virtue of a chattel mortgage given by Mann to the defendants.
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Motion for judgment on special verdict. The action was brought by plaintiff, Crisfield, as assignee of one Mann for the benefit of creditors, against Bogardus and others, for the value of property taken and sold by virtue of a chattel mortgage given by Mann to the defendants. Upon the trial at circuit, the jury found a.special verdict that the mortgage was executed in good faith, and without intent to defraud creditors of the mortgagor. 1 Defendants moved for judgment on the verdict. The further material facts appear in the opinion.
1Opinion of the CourtBrown, J.
The chattel mortgage to the defendants was executed and delivered by Mrs. Mann on May 18. On May 19, at about 8.30 A. M., Mann executed and delivered to the plaintiff, a general assignment of all his property for the benefit of his creditors, and .the assignee immediately took possession. The chattel mortgage was filed in the town clerk’s office about noon, May 19. On May 22, there having been default in the payments secured to be made by the mortgage, the defendants took possession of the mortgaged property, and sold the same.
This action is brought' by the assignee to recover the value of…
2Cases cited7 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Stewart v. PlattSupreme Court of the United States · 1879
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Van Heusen Charles v. . RadcliffNew York Court of Appeals · 1858
- Putnam v. ReynoldsMichigan Supreme Court · 1880
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3Cited by5 opinions
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- Wile v. CauffmanAppellate Division of the Supreme Court of the State of New York · 1899