Legal Opinion

Miller v. Jones

U.S. Circuit Court for the District of New Jersey

Decided September 27, 1876PublishedCited by 3 opinions

[Error to the district court of the United States for the district of New Jersey.] Kauffman & Hauck by their chattel mortgage dated December 1st, 1871, mortgaged to David Jones certain chattels, being, the ordinary goods and chattels connected with the brewery, including lager beer then manufactured, to secure the payment of a then present indebtedness of thirteen thousand nine hundred and sixteen dollars, “or thereabouts.”

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[Error to the district court of the United States for the district of New Jersey.] Kauffman & Hauck by their chattel mortgage dated December 1st, 1871, mortgaged to David Jones certain chattels, being, the ordinary goods and chattels connected with the brewery, including lager beer then manufactured, to secure the payment of a then present indebtedness of thirteen thousand nine hundred and sixteen dollars, “or thereabouts.” In the schedule affixed to the mortgage was this clause: “Also all personal property whatsoever of every nature, name and kind not above enumerated, except the books of…

1Opinion of the Court

STRONG, Circuit Justice.

There is nothing in this record, so far as it is exhibited to me, which exhibits a foundation for any of the errors assigned, except those which relate to the opinion of the court upon the reserved question. I need hardly say that a denial of a motion for a non-suit is not reviewable in error. Nothing was submitted to the jury at the trial except the two questions, what was the value of the goods in controversy, and whether the chattel mortgage under which Jones acquired the possession of the property was fraudulent in fact. No verdict was returned upon the last. The…

2Cases cited5 opinions

  1. Sawyer v. TurpinSupreme Court of the United States · 1875
  2. Hughes v. CorySupreme Court of Iowa · 1866
  3. Gay v. BidwellMichigan Supreme Court · 1859
  4. Abbott v. GoodwinSupreme Judicial Court of Maine · 1841
  5. Brown v. PlattThe Superior Court of New York City · 1861

3Cited by3 opinions

  1. Etheridge v. SperrySupreme Court of the United States · 1891
  2. In re BurrowsDistrict Court, D. Indiana · 1877
  3. Argall v. SeymourU.S. Circuit Court for the Southern District of Iowa · 1883

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