Brownell v. Hawkins
New York Supreme Court
Error to the Chautauque common pleas. The action was trover, by Mrs. Hawkins against Brownell, to recover the value of certain marble.
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Error to the Chautauque common pleas. The action was trover, by Mrs. Hawkins against Brownell, to recover the value of certain marble. She claimed title under an instrument substantially as follows: “ This is to certify that I hereby agree to deliver to Mrs. Elizabeth Hawkins of, &c. nine pieces of marble now lying in a room occupied by the subscriber and owned by John T. Borden of said village, in security for a certain account against said subscriber by the said E. Hawkins of the place aforesaid. The condition of the above is to be understood as follows, viz. that if the subscriber does not…
1Opinion of the Court
By the Court, Marvin, J.
The instrument executed by Van Vechten to Mrs. Hawkins was not a mortgage. It, together with the delivery of the marble, constituted a pledge only. There are no words of sale in the instrument, nor any words from which it can be inferred that he intended to transfer to her the title to the property, either absolutely or conditionally. It contained, when accompanied by the delivery, all the requisites of a pledge. The property was delivered in se*493curity for a certain account, and if Van Vechten did not return by a certain time, to pay the demand, then Mrs. Hawkins was to…
2Cases cited3 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Brown v. Bement & StrongNew York Supreme Court · 1811
- Spoor v. Holland & HarlowNew York Supreme Court · 1832
3Cited by22 opinions
- Parshall v. . EggertNew York Court of Appeals · 1873
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Milliman v. NeherNew York Supreme Court · 1855
- Wheeler v. NewbouldThe Superior Court of New York City · 1855
- Nevan v. RoupSupreme Court of Iowa · 1859
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