Van Slyck v. Newton
New York Supreme Court
Appeal from a judgment in favor of the plaintiffs entered upon the. verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. One Stearns, being in possession of a stock of goods in a store, mortgaged them, December 18,1875, to Campbell, who took immediate possession.
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Appeal from a judgment in favor of the plaintiffs entered upon the. verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. One Stearns, being in possession of a stock of goods in a store, mortgaged them, December 18,1875, to Campbell, who took immediate possession. On the twentieth of December, he executed another mortgage to the plaintiffs on the same property, to secure them as indorsers, and Campbell agreed to remain in possession as their agent. On the fourth of January following, possession of the…
1Opinion of the Court
Learned, P. J.:
TJpon tbe pleadings tbe title and possession of tbe plaintiffs to tbe property are in issue. If, as against the plaintiffs, the Barnards bad title, and if tbe defendant took tbe property by tbeir authority, be is entitled to succeed in tbe action.
Tbe plaintiffs’ mortgage was given to secure a prior liability. It has been decided tbat such mortgagees are not l)ona fide purchasers for a valuable consideration, as against one from whom tbeir mortgagor obtained tbe property .by fraud. (Woodburn v. Chamberlin, 17 Barb., 446.) In tbe case of Malcom v. Loveridge (13 Barb., 372), and…
2Cases cited3 opinions
- Woodburn v. ChamberlinNew York Supreme Court · 1854
- Malcom & Gaul v. LoveridgeNew York Supreme Court · 1851
- Wooster v. ChamberlinNew York Supreme Court · 1858