Mandeville v. . Avery
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order-made June 20, 1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order-made June 20, 1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to have two chattel mortgages executed by the defendant Henry J. Beck to the defendant Edward H. Avery and the ¡National Bank of Auburn, adjudged fraudulent and void, and to require the defendant Avery to account for the proceeds of the sale of the mortgaged property and pay over to the plaintiff such part of said proceeds…
1Opinion of the CourtBrown, J.
The mortgage to the ¡National Bank of Auburn, which was subsequently assigned to Mr. Avery, was executed January 24, 1887. The mortgage to Avery was executed February 8, 1887. As to the first mortgage, the court found that it was not accompanied by an immediate delivery, or followed by an actual or continued change of possession of the chattels mortgaged, and that it was executed upon an agreement with the bank that the mortgagor might remain in possession of the property covered by the mortgage and sell the same at retail in substantially the same manner as before the execution of the…
2Cases cited6 opinions
- Murtha v. . CurleyNew York Court of Appeals · 1882
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Dawley v. . BrownNew York Court of Appeals · 1880
- Becker v. . TorranceNew York Court of Appeals · 1864
- Stimson v. . WrigleyNew York Court of Appeals · 1881
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3Cited by55 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Zartman v. First National BankNew York Court of Appeals · 1907
- Ward v. . PetrieNew York Court of Appeals · 1898
- Reynolds v. . Aetna Life Ins. Co.New York Court of Appeals · 1899
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