Charter v. Stevens
New York Supreme Court
Trover for horses and other property, tried at the Otsego circuit in September, 1843, before Gribley, C. Judge. In the course of the trial the plaintiff limited his claim to an attempt to recover for one horse which the defendant took with the other property from the plaintiff’s possession on the thirtieth day of March, 1843, and subsequently sold, claiming a right to do so by virtue of a chattel mortgage executed by the plaintiff to the defendant on the seventh of April,…
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Trover for horses and other property, tried at the Otsego circuit in September, 1843, before Gribley, C. Judge. In the course of the trial the plaintiff limited his claim to an attempt to recover for one horse which the defendant took with the other property from the plaintiff’s possession on the thirtieth day of March, 1843, and subsequently sold, claiming a right to do so by virtue of a chattel mortgage executed by the plaintiff to the defendant on the seventh of April, 1842. The mortgage was produced and proved by the defendant. It recites an indebtedness of the plaintiff to the defendant…
1Opinion of the Court
By the Court, Beardsley, J.
The execution of the mortgage transferred to the defendant a defeasible title to the property mortgaged, but which became absolute at law by the failure to pay at the stipulated time. The plaintiff, however, was not thereby divested of all interest in the property, for he still had an equity of redemption which the court of chancery would protect and enforce. On the other hand, the mortgagee might go' into chancery to compel a speedy redemption or to foreclose that right, and the same object might be attained by a fair public sale of the property, on due notice to…
2Cases cited2 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Brown v. Bement & StrongNew York Supreme Court · 1811
3Cited by58 opinions
- Knapp, Stout & Co. v. McCaffreySupreme Court of the United States · 1900
- Ostrander v. . WeberNew York Court of Appeals · 1889
- Bragelman v. . DaueNew York Court of Appeals · 1877
- Casserly v. . WitherbeeNew York Court of Appeals · 1890
- Lee v. FoxIndiana Supreme Court · 1888
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