
    Cole and Thurman v. White, 26 Wend. 511-540.
    In S. Ct. 24 Wend. 121.
    
      Mortgage of Goods and Chattels.
    
    Trover for a vessel.
    The question as to the validity of a mortgage of goods and chattels, unaccompanied by an immediate delivery, &c., and change of possession, in this case, is so similar to, and so fully decided in Hoe v. Acker, (23 Wend. 653,) that it is only necessary to refer to the evidence which was offered to prove, that the case came within the principles there laid down, and which was excluded by the judge from the consideration of the jury; viz., that the mortgage was founded on a fair and adequate consideration ; that it was duly filed ; that the other moiety of the vessel was owned by third persons, and that the vessel was sailed on joint account of the owners, until a fexv days previous to the delivery. In excluding this evidence, the Supreme Court held that the Circuit Judge was right. But
   The Court of Errors held, that the evidence was improperly excluded, and reversed the judgment. They also held that the exceptions in the statute, of contracts of bottomry, and of vessels in foreign ports or at sea, did not apply to the fresh water lakes of this country.  