White v. Cole
New York Supreme Court
This was an action of trover, tried at the Oswego circuit in December, 1838, before the Hon. Philo Gbxdley, one of the circuit judges.
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This was an action of trover, tried at the Oswego circuit in December, 1838, before the Hon. Philo Gbxdley, one of the circuit judges. The suit was brought for an undivided half of a schooner called the Doming, her tackle, apparel and furniture, purchased by the plaintiff on the 9th March, 1838, at a sheriff’s sale, by virtue of an execution issued on a judgment in favor of the Commercial Bank of Oswego against Frederick W. Deming, Chester Deming, Charles Smyth and John A. Smith, docketed 16th ' October, 1837, for the sum of $149,77. The execution was tested on the day of docketing of the…
1Opinion of the Court
By the Court,
Cowen, J.
The statute under which the plaintiff claims title, 2 R. S. 70, 2d ed. § 5, declares, among other things, that every assignment of goods and chattels by way of mortgage or security, or upon any condition whatever, unless the same be accompanied with an immediate delivery, and be followed by an actual and continued change of possession of the things mortgaged or assigned, shall be presumed to be fraudulent and void, as against the creditors of the person making such assignment, or subsequent purchasers in good faith; and shall be conclusive evidence of fraud unless it…
2Cases cited9 opinions
- Nellis v. ClarkNew York Supreme Court · 1838
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Patchin v. PierceNew York Supreme Court · 1834
- Gough v. St. JohnNew York Supreme Court · 1837
- The AuroraSupreme Court of the United States · 1816
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3Cited by31 opinions
- Seneca County Bank v. NeassNew York Supreme Court · 1848
- Youngs v. . LeeNew York Court of Appeals · 1855
- Padgitt v. MollSupreme Court of Missouri · 1900
- Manning v. McClureIllinois Supreme Court · 1865
- Farrington v. Frankfort BankNew York Supreme Court · 1857
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