Legal Opinion

Repelow v. Walsh

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1904PublishedCited by 4 opinions

Appeal by the plaintiff, Bernard H. Repelow, from a judgment of the Municipal Court of the city of Hew York, borough of Queens, in favor of the defendant, entered on the 12th day of July, 1904.

1Opinion of the Court

Hooker, J.:

This action was brought to foreclose the lien of a chattel mortgage. In the year 1900 the defendant purchased a piano of the plaintiff, and gave back the chattel mortgage in suit, agreeing therein to pay monthly the sum of five dollars until the mortgage debt was paid. In each year since 1900 there has been considerable default in these payments, and this action was commenced in J une, 1904, to foreclose the lien of the mortgage. The only defense relied upon by the defendant, and which was submitted to the jury, is that of an agreement between the parties to extend the time of…

2Cases cited2 opinions

  1. Olmstead v. . LatimerNew York Court of Appeals · 1899
  2. Kellogg v. . OlmstedNew York Court of Appeals · 1862

3Cited by4 opinions

  1. Barden v. SwortsNew York Supreme Court · 1920
  2. Carr v. MorrisAppellate Division of the Supreme Court of the State of New York · 1920
  3. Schrieber v. SawyerNew York Supreme Court · 1930
  4. Bloomingdale v. BraunAppellate Terms of the Supreme Court of New York · 1913

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