Hamilton v. . Taylor
New York Court of Appeals
Appeal from, the Supreme Court. The complaint was for money lent and advanced to the defendants, and laid out and expended for their benefit, and at their request, for the purpose of promoting the use and sale of a machine for carving wood and metal, and of patent rights under a patent for said machine, of which the defendants were proprietors.
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Appeal from, the Supreme Court. The complaint was for money lent and advanced to the defendants, and laid out and expended for their benefit, and at their request, for the purpose of promoting the use and sale of a machine for carving wood and metal, and of patent rights under a patent for said machine, of which the defendants were proprietors. It alleged an accounting and settlement between the parties in relation to such loans and advances, on the 13th of April 1850; that the transactions and engagements between the parties were then brought to an end, and that thereupon the defendants were…
1Opinion of the CourtSelden, J.
The claim of the plaintiff, in this case, rests entirely upon the clause in the instrument called a chattel mortgage, executed April 13, 1850, in which it is recited that the defendants “ are justly indebted” to the plaintiff in the sum of $1,195.85; and if he could be permitted to separate so much as contains this bare acknowledgment from all that precedes and follows it in the same instrument, as well as from the history of the transactions between the parties, his suit might, perhaps, be sustained, since a chattel mortgage, taken as a security for an antecedent indebtedness, might not…
2Cited by3 opinions
- In re Board of Water CommissionersAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1890
- Tracy v. First National Bank of SyracuseAppellate Division of the Supreme Court of the State of New York · 1900