New York Court of Appeals

Frederick A. Conkling and Others v. . Chester F. Shelley

September 5, 186328 N.Y. 360

Summary

The Court of Appeals affirmed the Supreme Court's order reversing the judgment and granting a new trial, holding that a chattel mortgage described in general terms is not void for indefiniteness and that an agreement allowing the mortgagor to remain in possession and sell the goods for the mortgagee's benefit does not make the mortgage fraudulent; proceeds of such sales are deemed paid to the mortgagee even if not actually transferred.