Metz v. Campbell Printing-Press & Manuf'g Co.
New York Court of Common Pleas
Appeal from trial term! Action by Albert Russell Metz, trading as Albert Metz & Co., against the Campbell Printing-Press & Manufacturing Company, to recover money alleged to have been received by defendant for the use of plaintiff. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtBischoff, J.
The plaintiff was the owner of a printing establishment, the chattels appurtenant to which were mortgaged to the defendant. It was mutually agreed by the parties that, for the purpose of paying the debt, the chattels should be sold under a foreclosure of the mortgage, which latter contained a clause to the effect that upon such a sale the mortgagee should be entitled to deduct from the proceeds, for necessary expenses, “lawyers’ fees and commissions for making sale.” The plaintiff contended that it was also agreed, at the time, that the expenses of the sale should not exceed 5 per centum of…
2Cases cited3 opinions
- Frear v. . SweetNew York Court of Appeals · 1890
- Fuld v. KahnNew York Court of Common Pleas · 1893
- Pionier v. AlexanderNew York Court of Common Pleas · 1894
3Cited by5 opinions
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- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
- Kundred v. BitlerIndiana Court of Appeals · 1931