New York Supreme Court May 15, 1839 (Russell v. Butterfield)

By the Court,

Cowen, J.

The court clearly erred in deciding that the removal of the horse to Osioego, did not violate the provision in the mortgage. It was, in its own nature, calculated to hazard the plaintiff’s security, and worked that effect. This was the very evil which the clause providing against a removal was intended to prevent.