8 Johns. 96 | N.Y. Sup. Ct. | 1811
The plaintiff has not shown a right of action. Here was a complete transfer of the title to the goods in question, with a condition of defeasance, on the payment of 210 dollars and 35 cents, in 14 days» This was a mortgage, not a technical pledge; and all that was said in the case of Cortelyou v. Lansing, (2 Caines’s Cases in Error, 200.) respecting the nature and redeemableness of pledges, has no application to the case. The distinction between a pledge and a mortgage of goods xvas recognised by this court in Barrow v. Paxton.
Judgment of nonsuit must, therefore,.be entered according to the stipulation in the case.