Kleinberger v. Brown
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Action for conversion by Sigmund Kleinberger against Harris Brown and Henry Meyers. Plaintiff sold certain chattels and fixtures to one Anna Am-stead, taking lier notes for the price secured by a purchase-money mortgage on the chattels sold. Subsequently a chattel mortgage upon the same property, and payable on demand, was executed and delivered to defendant Harris Brown.
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Appeal from trial term. Action for conversion by Sigmund Kleinberger against Harris Brown and Henry Meyers. Plaintiff sold certain chattels and fixtures to one Anna Am-stead, taking lier notes for the price secured by a purchase-money mortgage on the chattels sold. Subsequently a chattel mortgage upon the same property, and payable on demand, was executed and delivered to defendant Harris Brown. After default in payment of a note secured by the first mortgage, which became due December 23, 1887, defendant Brown made a demand upon the mortgagor for payment of his mortgage, and, upon her making…
1Opinion of the CourtIngraham, J.
In Champlin v. Johnson, 39 Barb. 608, after a careful review of all the authorities, it was held that, on a default in a condition of a chattel mortgage, the title to the mortgaged propertj' became absolute, and that the mortgagor had no interest in the property that could be sold on execution; that it made no difference that the mortgagor remained in possession; that a sale of the mortgaged property under an execution against the mortgagor was a conversion of such mortgaged property. This case was cited with approval in Judson v. Easton, 58 N. Y. 664. As the defendant claims only through the…
2Cases cited2 opinions
- Ormes v. . DauchyNew York Court of Appeals · 1880
- Champlin v. JohnsonNew York Supreme Court · 1862
3Cited by1 opinion
- Hill v. RailroadSupreme Court of North Carolina · 1906