Brackett v. . Harvey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 23, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 23, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 25 Hun, 502.) This action was brought by plaintiff, as assignee in bankruptcy of Frank E. Harrow and Mary J. Harrow, to have certain' chattel mortgages executed by the bankrupts to defendant, adjudged void as to creditors,' and to compel him to account for and pay over the value of the mortgaged property, which it was alleged…
1Opinion of the CourtFinch, J.
The two mortgages, assailed by the assignee in bankruptcy were not void on their face, and as a legal conclusion from their express terms. Beading them, as both parties do, in connection with the original agreement of sale, and as steps in its performance, they permitted but three things, to one of which the other two were merely incidental, which differed from the ordinary stipulations of a chattel mortgage. The mortgagors were left at liberty to sell and dispose of the mortgaged property, but upon a condition involved in their covenant, that they would apply the proceeds of such sales to…
2Cases cited4 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Robinson v. ElliottSupreme Court of the United States · 1875
- Ford v. . WilliamsNew York Court of Appeals · 1862
- Guernsey v. . MillerNew York Court of Appeals · 1880
3Cited by66 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Maier v. FreemanCalifornia Supreme Court · 1896
- New v. SailorsIndiana Supreme Court · 1888
- Carr v. BrawleySupreme Court of Oklahoma · 1912
61 more not listed; retrieve them via the Exa API.