Gardner v. Adams
New York Supreme Court
Error from the Orleans common pleas. On ihe 22d May 1830, one B. Coveil executed a mortgage of a bureau and other personal property to G. Hard, to secure the payment of $ 17 due to Hard on a judgment, and to indemnify him against loss, in consequence of having, on the day of the date of the mortgage, as the surety of Coveil, signed a note with him to one H. Goodrich, for the sum of $ 17, payable 30 days after date ; the mortgage to be void if Covell paid the $15 on or before…
Read the full summary
Error from the Orleans common pleas. On ihe 22d May 1830, one B. Coveil executed a mortgage of a bureau and other personal property to G. Hard, to secure the payment of $ 17 due to Hard on a judgment, and to indemnify him against loss, in consequence of having, on the day of the date of the mortgage, as the surety of Coveil, signed a note with him to one H. Goodrich, for the sum of $ 17, payable 30 days after date ; the mortgage to be void if Covell paid the $15 on or before the 10th August, 1830, and also indemnified Hard against any loss growing out of the note to Goodrich. The bureau and…
1Opinion of the Court
By the Court,
Savage, Ch. J.
This judgment cannot be sustained. The revised statutes render mortgages of personal property, as well as absolute conveyances, fraudulent and void prima facie as against creditors or bona fide purchasers, unless possession accompanies and follows the deed. Formerly this was not required in mortgages, if the possession was consistent with the deed. Under this^s'tatute, we hold that possession remaining in the vendor or mortgagor may be explained; and if reasons can be shown which negative any intent to defraud creditors or purchasers, the sale or mortgage is held…
2Cited by33 opinions
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
- Clark v. WilsonMassachusetts Supreme Judicial Court · 1869
- Central Railroad & Banking Co. v. Brunswick & Western RailroadSupreme Court of Georgia · 1891
- United States v. LoughreySupreme Court of the United States · 1898
- Rice v. StoneMassachusetts Supreme Judicial Court · 1861
28 more not listed; retrieve them via the Exa API.