Brewster v. Baker
New York Supreme Court
THIS was an appeal by the plaintiffs from a judgment entered upon the report of a referee. The action was brought to recover the value of a canal boat. The facts, and the legal questions arising on the trial, appear in the report of the case when it was before the court, on the appeal of the defendant. (16 Barb. 613.) On the second trial the referee reported in favor of dismissing the complaint, with costs; and judgment was entered accordingly.
1Opinion of the CourtT. R. Strong, J.
The report of the referee against the plaintiffs, was placed by him, as I understand from the case and the points made on the appeal, upon the ground that the writing of the 30th of April, 1849, signed by Sidney P. Thompson, and therein designated as articles of agreement between Nathaniel Thompson of the first part, and Sidney P. Thompson of the second part, is a chattel mortgage from the latter to the former, *368and is void as against the defendant, for the reason that there was no change of possession of the boat; that the uniting was not filed as required by law in case of such a mortgage;…
2Cases cited1 opinion
- Brewster v. BakerNew York Supreme Court · 1853
3Cited by9 opinions
- Keystone Manufacturing Co. v. CasselliusSupreme Court of Minnesota · 1898
- Turner v. KerrSupreme Court of Missouri · 1869
- Thomas v. WintersIndiana Supreme Court · 1859
- C. Aultman & Co. v. OlsonSupreme Court of Minnesota · 1890
- Aultman, Miller & Co. v. MalloryNebraska Supreme Court · 1876
4 more not listed; retrieve them via the Exa API.