Stewart v. Slater
The Superior Court of New York City
Appeal from a judgment at Special Term in favor of the complainant Slater, and of the defendants, who are made respondents, The complaint was filed by Slater to foreclose a chattel mortgage for $15000, executed and delivered to him by Curtis Judson, upon all the furniture, fixtures, goods, chattels, and personal property of every description then in a hotel in the city of New York, kept by Judson, and known as the Brevoort House.
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Appeal from a judgment at Special Term in favor of the complainant Slater, and of the defendants, who are made respondents, The complaint was filed by Slater to foreclose a chattel mortgage for $15000, executed and delivered to him by Curtis Judson, upon all the furniture, fixtures, goods, chattels, and personal property of every description then in a hotel in the city of New York, kept by Judson, and known as the Brevoort House. The mortgage is alleged to bear date ou the 80th of November, 1854, and to have been duly filed in the office of the Register of the county. The complaint admitted…
1Opinion of the CourtBy the Court. Duer, J.
The first inquiry in the proper order of discussion is, whether the mortgage to Mr. Townsend must be adjudged to be fraudulent and void as against the appellants, Stewart & Go. ? and in considering this, nearly all the important questions arising in the cause will be determined.
The mortgage to Mr. Townsend is sought to be impeached upon two grounds.
I. That it was not accompanied by an immediate change of the possession of the chattels mortgaged, and that no cause for not changing the possession has been shown, that the law will approve.
2. That the larger portion of the debt for the securing…
2Cases cited5 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Doane v. EddyNew York Supreme Court · 1837
- Cole & Thurman v. WhiteNew York Supreme Court · 1841
- Hull v. CarnleyThe Superior Court of New York City · 1853
- Randall v. CookNew York Supreme Court · 1837
3Cited by17 opinions
- In Re the Objections to the Certificates of Nomination of HennessyNew York Court of Appeals · 1900
- Matter of ClarkNew York Court of Appeals · 1901
- Edson v. NewellSupreme Court of Minnesota · 1869
- Everett v. BuchananSupreme Court Of The Territory Of Dakota · 1880
- Fallon v. HattemerAppellate Division of the Supreme Court of the State of New York · 1930
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