Spaulding v. Keyes
New York Supreme Court
Appeal from circuit court, Otsego county. Action by Ellen Spaulding against Marquis L. Keyes and another. Judgment was given for plaintiff, and defendants appeal.
1Opinion of the CourtMartin, J.
This was an action to recover damages for the wrongful sale ■of certain personal property to which the plaintiff claimed title under a chattel mortgage given her by her husband, William Spaulding. The property in question was sold by virtue of an execution issued upon a judgment against the plaintiff’s husband. The plaintiff’s mortgage was given and filed in the proper clerk’s office before the entry of the judgment upon which such execution was issued. The principal defenses interposed in this action were (1) that the plaintiff’s mortgage was without consideration; (2) that it was given *228with…
2Cases cited2 opinions
- Brackett v. . HarveyNew York Court of Appeals · 1883
- Whiting v. BarrettNew York Supreme Court · 1872