Conkling v. . Shelley
New York Court of Appeals
This was ah action of replevin. The plaintiffs claimed the property by virtue of a chattel mortgage made to them February 28, 1857, by Peter M. J: Mitchell and James H. Dewey, and the defendant justified his taking' the property as sheriff, by executions upon judgments against Mitchell & Dewy. At the trial the plaintiffs introduced the mortgage.
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This was ah action of replevin. The plaintiffs claimed the property by virtue of a chattel mortgage made to them February 28, 1857, by Peter M. J: Mitchell and James H. Dewey, and the defendant justified his taking' the property as sheriff, by executions upon judgments against Mitchell & Dewy. At the trial the plaintiffs introduced the mortgage. The property was described as “all the dry goods, boots and shoes, millinery goods, and gentlemen’s furnishing goods and stock in trade now in the store occupied by the said parties of the first part, at the village of Niagara city.” The mortgage…
1Opinion of the CourtEmott, J.
The case of Gardner v. McEwen (19 N. Y. Rep. 123) is in point to show that the mortgage held by the plaintiffs was neither fraudulent on its face nor invalid by reason of the generality and indefiniteness of the descriptions. It was a mortgage of “all the drygoods, boots and shoes, millinery goods, and gentlemen’s furnishing goods and stock in trade then in the store occupied by” the mortgagors. This, although general, could be rendered sufficiently definite by evidence of the facts as to the goods in the store at the time, and would convey whatever in fact answered the description.
f Where a…
2Cases cited2 opinions
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Ford v. . WilliamsNew York Court of Appeals · 1862
3Cited by41 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Russell v. . WinneNew York Court of Appeals · 1868
- Wyman v. HerardSupreme Court of Oklahoma · 1899
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
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