Bernheimer v. Blumenthal
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Simon E. Bernheimer and another, from a judgment of the Supreme Court in favor of the defendants, Emil E. Blumenthal and Annie Góldfarb, entered in the office of the clerk of the county of New York on the 19th day of March, 1898, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial 'Term.
1Opinion of the Court
Ingraham, J.:
The plaintiffs in this action loaned to one Cohen the sum of $350, taking a promissory note, payable On demand, dated November 7, 1894, and to secure the payment of: that note Cohen gave a chattel mortgage upon certain chattels then in his possession and owned by him. On March 11, 1895, the defendants and Cohen called upon the plaintiffs’ representative, the defendants stating that they had bought this mortgaged property from Cohen for $750, $400 to be paid in cash and $350 to be paid by the assumption of this mortgage due to the plaintiffs; that they wanted to assume the…
2Cases cited2 opinions
- Wager v. . LinkNew York Court of Appeals · 1892
- Wager v. . LinkNew York Court of Appeals · 1896