Liebman v. Brockway Motor Truck Corp.

Judgment unanimously reversed, upon the law, with thirty dollars costs to appellants, and complaint dismissed, with appropriate costs in the court below. The seizure of the car was authorized by the terms of the chattel mortgage, which provided that the mortgagee, if the car was sold, could retake it without notice. None of the cases cited by the respondent are applicable. Those cases deal with clauses which permitted a mortgagee to take if he deemed himself insecure. Under such clauses it is held that the feeling of insecurity on the part of the mortgagee must be real and not sham. In the…