Flory v Denny
| Jurisdiction | England & Wales |
| Judgment Date | 05 May 1852 |
| Date | 05 May 1852 |
| Court | Exchequer |
English Reports Citation: 155 E.R. 1080
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 21 L J Ex 223 Approved, Maughan v Sharpe, 1864, 17 C B (N S) 443 Referred to, Sewell v. Burdick, 1884, 10 A C 96, 5 Asp M C 376, Cochrane v. Moore, 1890, 25 Q B D 63
[581] FLORY v DENNY May 5, 1852 -A mortgage of a personal chattel may be made without deed [S C 21 L J Ex 223 Approved, Maughan v Sharps, 1864, 17 C B (N S) 443 Referred to, tiewell v Bwd-icL, 1884, 10 A C 96, 5 Asp M C .-176, Oocfiiane v Moore, 1890, 25 Q B D 63 ] Trover for a windmill Pleas not guilty, and not possessed At the trial, before Adams, Serjt, at the last Suffolk Assizes, the following facts appeared -One Baker, being the owner of a moveable windmill in Playfotd, on the 5th of August, 1831, borrowed of the plamtift 1501, and, as a security, signed the following agreement - "Memorandum of agreement made this 5th day of August, 1851, between the undersigned Thomas Floiy, of &c , and George Baker, of &c YVrhereas the said G Baker hath this day borrowed and received of the said T Flory the sum of 1501 , for which he has taken of the said G Baker a promissory note hereunto annexed, and as addrtional security for that amount, he the said G Bakei doth by the^e presents agree to assign all his light and interest in a certain windmill standing at Playfoid, uponjand belongrng to the Marqurs of Bnstol, in the occupation of Mr Biddell, and by their permission and leave standing there during then pleasure as a chattel upon the SRid land And I, the said G Bakei, do hereby promise to execute a regular assignment of the said mill, with its going gears and appurtenances, to the said T Flbry, which shall bear date this 5th day of August, 1851, and shall to all intents and pur poses be effective and a valid security, in conjunction with the note of hand before mentioned, for the sum therein mentioned , and this agreement shall be effective as to the true intent of the sard parties until a more regular assignment bo executed Witness our hands, &c , " G baker, "T flory" Oil the 6th of Octobei, 1851, Baker, being indebted to [582] the defendant rrr tjOOl, gave him J. warrant of attorney to confess judgment for that amount Baker continued in possession of the windmill up to the 9th of December, 1851, on which day the sheriff, seized it under a writ of h fa issued by the defendant on a judgment entered up the previous day on the warrant of attorney On the 20th of December, a deed of...
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Burdick v Sewell
...4 The Nepoter L. Rep. 2 A. & E. 375 3 Mar. Law Cas. O. S. 355 22 L. T. Rep. N. S. 177 Howes v. BallENR 7 B. & C. 481 Flory v. DennyENR 7 Ex. 581 Gibson v. HunterENR 2 H. Bl. 205 Corksedge v. FanshaweENR 1 Doug. 118 Wright v. CampbellENR 4 Burr 2047 Gledstanes v. AllenENR 12 C. B. 202 Bills ......
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Maugham v Sharpe and another
...There is much confusion in the cases as regards the distinction between mortgages of realty and pawns of chattels. In Flory v. Denny, 7 Exch. 581, it was held that a mortgage of a personal chattel may be made without deed. That shews that " mortgage " is only another word for " pledge." The......
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