Legal Opinion

Shelton v. Holzwasser

Appellate Terms of the Supreme Court of New York

Decided December 15, 1904PublishedCited by 2 opinions

Appeal by the defendant Holzwasser, from a judgment rendered in the Municipal Court of the city of New York, second district, borough of Manhattan, in favor of the plaintiff.

1Opinion of the CourtFreedman, P. J.

The following extract from the opinion of the court below shows upon what alleged facts and upon what assumed legal basis the judgment was rendered in favor of the plaintiff herein: “ The plaintiff was the owner of certain chattels upon which the defendant Holzwasser held a chattel mortgage. The condition of such mortgage was not complied with and the plaintiff being in default to the extent of $78, the mortgagee sought to enforce his right to possession of the chattels by bringing an action in replevin in the Municipal Court, in derogation of the express provision of section 139 of the…

2Cited by2 opinions

  1. Producers Refiners Corporation v. De HartSupreme Court of Oklahoma · 1924
  2. Rudemien v. BershadskyAppellate Terms of the Supreme Court of New York · 1910

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