Wray v. Fedderke
The Superior Court of New York City
This is an appeal by defendant from a judgment in favor of plaintiff for $937 81, entered upon a verdict, and from an order denying a motion for a new trial on the minutes. The action was for the conversion of certain billiard tables and implements.
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This is an appeal by defendant from a judgment in favor of plaintiff for $937 81, entered upon a verdict, and from an order denying a motion for a new trial on the minutes. The action was for the conversion of certain billiard tables and implements. Prior to June 29, 1871, plaintiff leased to August Koch, certain premises, at 208 Eighth-avenue, for a billiard saloon, and Koch owned and had, at said premises, five billiard tables and the usual additional implements and furniture. On November 28, 1870, defendant recovered a judgment against Koch for $1,280.04. On June 21, 1871, an execution on…
1Opinion of the Court
By the Court.—Curtis, Ch. J.
—The evidence clearly establishes that the plaintiff’s chattel mortgage was executed before the defendant’s, in point of time, and was intended by the parties to constitute the first lien. Though the two mortgages were made by the same person, on the same property, dated the same day and filed the same minute, yet effect must be given to the agreement and intention of all parties, that the plaintiff’s mortgage should have a preference over the defendant’s as a prior lien upon the mortgaged chattels (Jones v. Phelps, 2 Barb. Ch. 440).
*339The priority of the plaintiff’s…
2Cases cited4 opinions
- Meech v. . PatchinNew York Court of Appeals · 1856
- Burdick v. McVannerNew York Supreme Court · 1846
- Jones v. PhelpsNew York Court of Chancery · 1847
- Baskins v. . ShannonNew York Court of Appeals · 1850