Benedict v. Smith
This text of 3 Sarat. Ch. Sent. 7 (Benedict v. Smith) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Decided that under the act of April 1833, (Laws •of 1833, p. 402,) a chattel mortgage must bo filed in the proper clerk’s office, unless there is an immediate delivery of the whole property embraced therein, and a continued change of possession, or the mortgage itself is absolutely and wholly void as to creditors. That a change of possession as to part of the property included in the mortgage, is not a change of possession of the things mortgaged, within the intent and meaning of the statute.
Decree of the vice chancellor affirmed with costs; upon 'the ground that the complainants have ratified the arrangement made by Griffin, by their subsequent acts, and that such subsequent ratification is equivalent to a previous authority.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
3 Sarat. Ch. Sent. 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benedict-v-smith-nychanct-1843.