Stephens v. . Perrine
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 23, 1893, which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted a new trial. This action was brought to set aside a chattel mortgage, and to recover the property covered by it or its value.
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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 23, 1893, which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted a new trial. This action was brought to set aside a chattel mortgage, and to recover the property covered by it or its value. In February, 1892, the defendants Frank Aldrich and Charles W. Perrine composed the firm of Frank Aldrich and Co., and on the 25th of that month they gave a chattel mortgage on personal property owned by them, and then in their…
1Opinion of the CourtPeckham, J.
The single question argued here has been which of these parties upon the foregoing facts is entitled to judgment. At the threshold of an examination of the subject it may be stated that this mortgage was void as against those creditors who were such at the time it was executed, although at that time they had obtained no judgments in their favor and then stood in the condition of simple contract creditors. The failure to file the mortgage, there being no change of possession of the property mortgaged, rendered it void as against creditors then existing. (Laws of 1833, sec. 1, chap. 279 ; Karst…
2Cases cited6 opinions
- Karst v. . GaneNew York Court of Appeals · 1893
- Mandeville v. . AveryNew York Court of Appeals · 1891
- Porter v. . Williams and ClarkNew York Court of Appeals · 1853
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- Tremaine v. . MortimerNew York Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Zartman v. First National BankNew York Court of Appeals · 1907
- In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
- Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
73 more not listed; retrieve them via the Exa API.