Dunning v. Stearns
New York Supreme Court
Dunning sued Stearns before a justice of the peace of Monroe county, in an action of assumpsit, and recovered a judgment; from which Stearns appealed to the county court of Monroe county.
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Dunning sued Stearns before a justice of the peace of Monroe county, in an action of assumpsit, and recovered a judgment; from which Stearns appealed to the county court of Monroe county. The trial came on in the county court in April, 1848, when Dunning proved the execution of a chattel mortgage by one James C. Emory to said Dunning, on nine barrels of potash, dated April 14,1845, to secure the payment of $136,59, which was duly filed on the 15th of April, 1845, in the town clerk's office of the town of Webster, where Emory resided; that the potash was turned out to Dunning the same…
1Opinion of the Court
By the Court, Welles, J.
The agreement between the defendant and Emory, of the 26th of February, 1845, was in the nature of a chattel mortgage, upon the ashes, lime and barrels. (McComber v. Parker, 14 Picks 497. Langdon v. Buel, 9 Wend. 80.) It was put on the files of the town clerk of the town of Webster before the execution of the chattel mortgage from Emory to the plaintiff. But it is urged, that as respects the ashes, it was void for uncertainty, as the quantity of ashes is not mentioned; and that it was not competent to prove by parol the quantity intended. As between the parties to the…
2Cases cited3 opinions
- Langdon v. BuelNew York Supreme Court · 1832
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