Williams v. Chadwick
Supreme Court of Connecticut
Action to foreclose what was claimed to be a chattel mortgage, brought to the Court of Common Pleas in New London County and tried to the court, Noyes, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court.
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Action to foreclose what was claimed to be a chattel mortgage, brought to the Court of Common Pleas in New London County and tried to the court, Noyes, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The following facts appear by the finding of the trial court: The plaintiff resided in Brooklyn, N. Y., in the winter, and in the summer upon a farm in Salem in this State, where the defendant kept a small general store. In December, 1898, the defendant applied to the plaintiff in New York for a loan of $300.…
1Opinion of the CourtHall, J.
The only question presented by this appeal is, whether upon the facts found, the transfer of personal property by the defendant to the plaintiff was in effect a chattel mortgage, or an absolute sale. A chattel mortgage is a conditional sale of personal property to secure a debt or obligation of the mortgagor. The condition, upon the performance of which the transfer is to become void, should be contained in the instrument by which the property is conveyed. But a conveyance, absolute in form, will in equity be regarded as a mortgage, when the facts show that the real transaction is a transfer…
2Cases cited5 opinions
- Carpenter v. SnellingMassachusetts Supreme Judicial Court · 1867
- Mills v. MillsSupreme Court of Connecticut · 1857
- French v. BurnsSupreme Court of Connecticut · 1868
- Taber v. HamlinMassachusetts Supreme Judicial Court · 1867
- Susman v. . WhyardNew York Court of Appeals · 1896
3Cited by18 opinions
- Guilford-Chester Water Co. v. Town of GuilfordSupreme Court of Connecticut · 1928
- Andrews v. New Britain National BankSupreme Court of Connecticut · 1931
- Shelley v. ByersCalifornia Court of Appeal · 1925
- Anderson v. ColwellSupreme Court of Connecticut · 1918
- Rosenbluth v. DeForest & Hotchkiss Co.Supreme Court of Connecticut · 1911
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