Ford v. . Williams
New York Court of Appeals
Appeal from a judgment of the Supreme Court. The action was-for" tsiking and carrying away personal property^" The judgment upon a verdict for the plaintiff taken on a former trial had been reversed by this court and a new trial ordered (13 N. Y., 577). On the second trial it appeared that S. Sutherland kept a retail hardware store at Newark, Wayne county; and on the 11th October, 1848, mortgaged his stock of stoves, hollow-ware, &c., and also his household furniture to the…
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Appeal from a judgment of the Supreme Court. The action was-for" tsiking and carrying away personal property^" The judgment upon a verdict for the plaintiff taken on a former trial had been reversed by this court and a new trial ordered (13 N. Y., 577). On the second trial it appeared that S. Sutherland kept a retail hardware store at Newark, Wayne county; and on the 11th October, 1848, mortgaged his stock of stoves, hollow-ware, &c., and also his household furniture to the plaintiffs *to secure them as the indorsers, for his accommodation, of a promissory note, made and indorsed at the time…
1Opinion of the CourtDenio, J.
The chattel mortgage under which the plaintiffs claimed title was not illegal on account of anything contained in it; and, having been filed according to the statute, it was capable of being sustained against the creditors of the mortgagor by proof sufficient to rebut the inference of fraud arising out of the retention of possession by him. So far as concerned the debt which it professed to secure, the proof of bona Jides was satisfactory. The plaintiffs indorsed a note to enable Sutherland to raise money at a bank, to pay off a judgment against him upon which ah execution had been issued;…
2Cases cited3 opinions
- People v. M'KayNew York Supreme Court · 1820
- Tracy v. SuydamNew York Supreme Court · 1859
- Baker v. FreemanNew York Supreme Court · 1832
3Cited by40 opinions
- Brackett v. . HarveyNew York Court of Appeals · 1883
- Vernes v. PhillipsNew York Court of Appeals · 1935
- Conkling v. . ShelleyNew York Court of Appeals · 1863
- Century Throwing Co. v. MullerCourt of Appeals for the Third Circuit · 1912
- Field v. MunsterCourt of Appeals of Texas · 1895
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