Baskins v. . Shannon
New York Court of Appeals
Baskins brought trover against Shannon in the common pleas of Yates county, for the conversion of a canal boat. On the trial the plaintiff claimed title under a mortgage from one Ward, dated November 19,1841, to secure the payment of $425 by the first day of July then next. The defendant claimed title under a prior mortgage from Ward to him, dated October 28, 1841, covering the boat and other personal property.
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Baskins brought trover against Shannon in the common pleas of Yates county, for the conversion of a canal boat. On the trial the plaintiff claimed title under a mortgage from one Ward, dated November 19,1841, to secure the payment of $425 by the first day of July then next. The defendant claimed title under a prior mortgage from Ward to him, dated October 28, 1841, covering the boat and other personal property. This mortgage the plaintiff insisted wás fraudulent as to him on the ground, among others, that it was not accompanied by a change of the possession of the mortgaged property, and had…
1Opinion of the CourtJewett, J.
If it were conceded that Baskins is a mortgagee of Ward in good faith, although his mortgage was executed subsequent to the execution of the mortgage made by Ward to Shannon of the same property, the latter would be void as against Baskins, on the ground that there was no delivery of the property mortgaged, or any possession taken of it by Shannon, nor was his mortgage filed in the office of the town clerk of Starkey, where Ward at the time resided. (Laws of 1833, ch. 279, § 9.) And besides, there is no evidence that there was any consideration for it.
But it is insisted that the mortgage to…
2Cited by4 opinions
- Bank of Farmington v. EllisSupreme Court of Minnesota · 1883
- Ormsby v. RhoadesSupreme Court of Vermont · 1887
- Cribb v. MorseWisconsin Supreme Court · 1891
- Wray v. FedderkeThe Superior Court of New York City · 1878