Norris v. Sowles
Supreme Court of Vermont
Trover for taking two washing-machines and two ironing machines. Plea, not guilty. Trial by jury, September Term, 1884, Royce, Ch. J., presiding. Verdict ordered for the defendants. Counsel moved the court to order a verdict for the plaintiff, which was denied. The plaintiff’s mortgage was executed in New York, where the parties to it resided, and where the property was situated. The plaintiff agreed that the mortgagor, Langworthy, could remove the property into this State.
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Trover for taking two washing-machines and two ironing machines. Plea, not guilty. Trial by jury, September Term, 1884, Royce, Ch. J., presiding. Verdict ordered for the defendants. Counsel moved the court to order a verdict for the plaintiff, which was denied. The plaintiff’s mortgage was executed in New York, where the parties to it resided, and where the property was situated. The plaintiff agreed that the mortgagor, Langworthy, could remove the property into this State. The mortgage being valid where it was executed, was valid in this State. R. S. N. Y. vol. 3, p. 143; 2 Session Laws, N.…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
Section 9 of chapter 7 New York Revised Statutes declares mortgages of goods and chattels to be absolutely invalid against creditors and subsequent purchasers and mortgagees in good faith, unless accompanied by im*362mediate delivery and followed by actual and continued possession by the mortgagee, or unless the mortgage or a true copy thereof be filed in the proper office.
Sec. 12 of the same chapter provides that every mortgage filed as aforesaid shall cease to be valid, as against the creditors of the person making it, and against subsequent…
2Cases cited4 opinions
- Cobb v. BuswellSupreme Court of Vermont · 1864
- Jones v. TaylorSupreme Court of Vermont · 1857
- Skiff v. SolaceSupreme Court of Vermont · 1851
- Champlin v. JohnsonNew York Supreme Court · 1862
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