Beekman v. Bond
New York Supreme Court
This was an action of trover, tried at the Saratoga circuit in November, 1833, before the Hon. Esek Cowen, then one of the circuit judges. The suit was brought for the value of a canal boat, mortgaged to the plaintiff on the 14th October, 1831, by one Francis Hartwell, as collateral security for the payment of a judgment confessed by him and another person in favor of the plaintiff for $1093,22, of which sum $200 was agreed to be paid in 60 days, and the residue in one year.
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This was an action of trover, tried at the Saratoga circuit in November, 1833, before the Hon. Esek Cowen, then one of the circuit judges. The suit was brought for the value of a canal boat, mortgaged to the plaintiff on the 14th October, 1831, by one Francis Hartwell, as collateral security for the payment of a judgment confessed by him and another person in favor of the plaintiff for $1093,22, of which sum $200 was agreed to be paid in 60 days, and the residue in one year. The boat remained in the possession of Hartwell, so as to enable him from its earnings to pay the debt due the…
1Opinion of the Court
By the Court,
Bronson, J.
The point raised by the plaintiff’s counsel, that the defendant did not prove he had paid value for the boat, was not taken on the trial. On the motion for a nonsuit, it was assumed by the judge and by the counsel for both parties that the defendant was a bona fide purchaser; and the only question was whether the plaintiff’s mortgage was fraudulent. The party cannot now make an objection, which, if taken at the proper time, might have been answered.
That continued possession in the mortgagor rendered the conveyance void as against creditors and subsequent bona fide…
2Cases cited1 opinion
- Doane v. EddyNew York Supreme Court · 1837
3Cited by12 opinions
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- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Dows v. RushNew York Supreme Court · 1858
- Marine Bank of N.Y. v. . ClementsNew York Court of Appeals · 1865
- Osborne v. TullerSupreme Court of Connecticut · 1842
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