Thompson v. . Van Vechten
New York Court of Appeals
Appeal from a judgment of the 'Superior Court of the city of New York. The plaintiff was the holder of a chattel mortgage upon the steam vessel Alida, which ordinarily ran on the Hudson river between Kingston and New York, executed by John Van Vechten, the 21st day of March, 1855, to secure the due payment, by the mortgagor, of certain promissory notes, amounting to $16,000, which had been before then made by the firm of Mills & Thompson, of which the plaintiff was a…
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Appeal from a judgment of the 'Superior Court of the city of New York. The plaintiff was the holder of a chattel mortgage upon the steam vessel Alida, which ordinarily ran on the Hudson river between Kingston and New York, executed by John Van Vechten, the 21st day of March, 1855, to secure the due payment, by the mortgagor, of certain promissory notes, amounting to $16,000, which had been before then made by the firm of Mills & Thompson, of which the plaintiff was a partner, for the accommodation of the mortgagor, and which had been negotiated by him. The complaint alleged that a number of…
1Opinion of the Court
Denio, Ch. J.
It will be convenient to consider in the first place the claim of the defendant, Abraham Van Vechten, as the assignee of the mortgage executed by Hasten, Elmendorf and Schoonmaker to Drew. That mortgage was the earliest incumbrance on the vessel, and the claimant shows a formal title to it by mesne assignments under the mortgagee. The answer relied upon is, that the debt which it has given to secure was paid off by Elmendorf, the debtor, before the assignment to the claimant. It was so paid in fact, and the question is, whether the payment was, under the circumstances, an…
2Cases cited6 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Van Heusen Charles v. . RadcliffNew York Court of Appeals · 1858
- Millspaugh v. McBrideNew York Court of Chancery · 1839
- Schroeppel v. CorningNew York Supreme Court · 1848
- Meech v. . PatchinNew York Court of Appeals · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by103 opinions
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Karst v. . GaneNew York Court of Appeals · 1893
- Lockhart v. Garden City Bank & Trust Co.Court of Appeals for the Second Circuit · 1940
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
98 more not listed; retrieve them via the Exa API.