Beers v. Waterbury
The Superior Court of New York City
Appeal from a judgment entered upon the decision of Mr. Justice Hoffman at Special Term. This action was brought to foreclose a chattel mortgage, joining as defendants, subsequent purchasers of the mortgaged property, and seeking to charge some of them with any deficiency that might arise by reason of their having consumed a part thereof.
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Appeal from a judgment entered upon the decision of Mr. Justice Hoffman at Special Term. This action was brought to foreclose a chattel mortgage, joining as defendants, subsequent purchasers of the mortgaged property, and seeking to charge some of them with any deficiency that might arise by reason of their having consumed a part thereof. The defendants were Bobert J. Jimmerson, James T. Husted, Charles G. Waterbury, David L. Youngs, and the Dry Dock, Grand Street, Bowery and South Ferry Stage Company. The chattel mortgage was given February 1st, 1854, by the defendants, Jimmerson and Husted,…
1Opinion of the Court
By the Court—Woodruff, J.
The original validity of the mortgage given to the plaintiff upon the horses, stages and other personal property described therein is not questioned on this appeal. Yor is it suggested that the amount of the debt remaining due to the plaintiff *407upon the notes which the mortgage was given to secure, has not been correctly found by the Court on the trial.
The appellants, Waterbury and Youngs, insist that they, being purchasers of the property, hold (or that Waterbury did hold, and Youngs now holds) the same free of any claim of the plaintiff under the mortgage, because…
2Cases cited3 opinions
- La Farge v. HalseyThe Superior Court of New York City · 1857
- Boyd v. Foot & ColeThe Superior Court of New York City · 1859
- Peabody v. BeachThe Superior Court of New York City · 1856
3Cited by5 opinions
- Merritt v. GouleyNew York Supreme Court · 1890
- Hinshaw v. AustinSupreme Court of Kansas · 1902
- Deming v. PulestonThe Superior Court of New York City · 1871
- Gregory v. CableNew Jersey Court of Chancery · 1875
- Marsden v. CornellNew York Supreme Court · 1874