Fellows v. Van Hyring
New York Supreme Court
This cause was tried in justice’s court, in Saratoga county, February 20, 1857. The following facts appeared on the trial: James Earl owned the horse in question, worth about $80, with other property, which was mortgaged to the plaintiff June 10, 1856. September 15,1856, Earl, and his son J. Emet Earl, gave a chattel mortgage upon the same property, to the defendants, to pay $81.63 for the amount of their note given to one Patrick McCarty.
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This cause was tried in justice’s court, in Saratoga county, February 20, 1857. The following facts appeared on the trial: James Earl owned the horse in question, worth about $80, with other property, which was mortgaged to the plaintiff June 10, 1856. September 15,1856, Earl, and his son J. Emet Earl, gave a chattel mortgage upon the same property, to the defendants, to pay $81.63 for the amount of their note given to one Patrick McCarty. The last mortgage was filed first, and thus obtained priority over the mortgage of Fellows. The last mortgage was given under the following circumstances :…
1Opinion of the Court
By the court,
James, Justice.
The evidence was ample to warrant the jury in finding that the mortgage to the defendants was void as having been obtained of Earl while under duress, as hush-money to cease a prosecution for felony; still, the papers transferred to Clute the nominal legal title to the mortgage, and as such owner he had perfect authority to act under it, and to avail himself of all its provisions. The.proof is undisputed that Clute took the colt from Earl, and nothing appears in the case to connect the defendants, or either of them, with that act before or at the time, or with the…
2Cited by3 opinions
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- Smillie v. TitusNew Jersey Court of Chancery · 1880