Frost v. . Mott
New York Court of Appeals
Appeal from the Supreme. Court. The actions were for the recovery of personal property taken and detained by the defendant, as an officer, under an attachment against Clapp, one of the respondents.
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Appeal from the Supreme. Court. The actions were for the recovery of personal property taken and detained by the defendant, as an officer, under an attachment against Clapp, one of the respondents. The causes were heard before a referee, and judgments were rendered in favor of the respective plaintiffs, which were affirmed, on appeal,' at the General Term in the second judicial district: The property was taken from the possession of Clapp, the defendant in the attachment suit, on the 10th of June, 1857. It consisted of sixteen sheep and ten lambs. Frost claimed six of the sheep and the ten…
1Opinion of the CourtPorter, J.
A creditor, by attaching property in the possession of his debtor, acquires a specific lien upon his interest, and is entitled, like a. judgment creditor, to impeach the colorable title of a ¡fraudulent mortgagee. (Rinchey v. Stryker, 26 How., 75.)
' The defendant attempted to show that the chattel mortgage, on which the claim of Frost was founded, was infected with fraud. In this attempt he failed. Upon the findings of the referee, we are bound to assume that the instrument was made in good faith, and to secure the payment of an honest debt. The continued possession of the property by the…
2Cited by26 opinions
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- People Ex Rel. Cauffman v. . Van BurenNew York Court of Appeals · 1892
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1878
- In re CollinsU.S. Circuit Court for the District of Eastern New York · 1875
- Griffith v. FriendlyNew York Supreme Court · 1900
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