New York Court of Appeals

William H. Parshall, Appellants v. Oliver J. Eggert

March 5, 187354 N.Y. 18

Summary

The Court held that the receipt presented by Boche was a pledge, not a chattel mortgage, and that a pledge may be perfected by subsequent delivery in the absence of fraud. Accordingly, the plaintiffs were entitled to possession of the pledged grain and the sheriff had no right to levy on it. The lower court's judgment was reversed and the case was remanded for a new trial.