Dendy v. First National Bank

The opinion of the court was delivered by

Mason, J.:

The First National Bank of Cobleskill, New York, recovered judgment upon a verdict in a replevin action brought by it against Dendy & Peck for the possession of a number of cattle, and the defendants prosecute error. The plaintiff claimed as assignee of a chattel mortgage executed by L. M. Hyre to the Zeb F. Crider Commission Company. Three defenses were interposed: (1) That the mortgage was void; (2) that the cattle replevied were not in fact, those referred-to in the mortgage; and (3) that even if they were the description was so defective…