Ford & Rockwood v. Williams
New York Court of Appeals
Appeal from a judgment of the supreme court. The action was for taking and carrying away personal property. The trial took place at the Wayne circuit, in December, 1849, before Mr. Justice Selden. Samuel Sutherland, the owner of the property, mortgaged it to the plaintiffs on the 11th October, 1848, to secure them as his endorsers upon a note for $205.78, payable on the 19th December following; and the mortgage was duly filed.
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Appeal from a judgment of the supreme court. The action was for taking and carrying away personal property. The trial took place at the Wayne circuit, in December, 1849, before Mr. Justice Selden. Samuel Sutherland, the owner of the property, mortgaged it to the plaintiffs on the 11th October, 1848, to secure them as his endorsers upon a note for $205.78, payable on the 19th December following; and the mortgage was duly filed. Sutherland was a merchant at Newark, Wayne county, and the property was hardware and other goods, the stock of a country store, and some household furniture. A judgment…
1Opinion of the CourtDenio, C. J.
The judge was, in my opinion, correct in excluding the evidence offered, to show that Sutherland, after giving the mortgage to the plaintiffs, executed mortgages upon the same property to other persons, which were fraudulent as to his creditors. These subsequent mortgages were given about a month after the plaintiffs’ mortgage, and it was not offered to be shown that they had any knowledge of them. The rule contended for by the defendant’s counsel would place it, in the power of a debtor, who had in entire good faith given a security to a creditor for an honest debt, by his own act to create…
2Cases cited2 opinions
- Davis v. Newkirk, Barker & YatesNew York Supreme Court · 1847
- Edgell v. HartNew York Supreme Court · 1851
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- Smith v. AbbottMassachusetts Supreme Judicial Court · 1915
- D. & C. Textile Corp. v. RudinNew York Supreme Court · 1964
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