Bishop v. Cook
New York Supreme Court
Appeal from the Livingston county court. This action was originally commenced before a justice of the peace of Livingston county, where the plaintiff, the present appellant, recovered judgment. The defendant, the present respondent, appealed to the county court of Livingston county, and upon trial in that court, judgment of nonsuit was granted, with costs against the plaintiff; from which he appealed to this court.
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Appeal from the Livingston county court. This action was originally commenced before a justice of the peace of Livingston county, where the plaintiff, the present appellant, recovered judgment. The defendant, the present respondent, appealed to the county court of Livingston county, and upon trial in that court, judgment of nonsuit was granted, with costs against the plaintiff; from which he appealed to this court. The action before the justice was trespass for taking and carrying away certain personal property of the plaintiff. . To which the defendant pleaded not guilty, and gave notice of…
1Opinion of the Court
By the Court, Welles, J.
It is now well settled, that in the case of a chattel mortgage, the question whether the mort*329gage was given for a valuable consideration, in good faith and without an intent to defraud creditors, is one for the jury, and cannot be taken from them.
The only question that remains in the present case is whether the mortgage under which the appellant claimed, was properly filed, on the 20th October, 1845. At that time there was a vacancy in the ofiice of town clerk in the town of Avon. The vacancy continued until after the respondent’s execution was levied. The cause of the…
2Cited by22 opinions
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- President & Directors of the Manhattan Co v. LaimbeerNew York Court of Appeals · 1888
- Dodge v. PotterNew York Supreme Court · 1854
- Goodman v. BaerlocherWisconsin Supreme Court · 1894
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