Hyer v. Sutton
New York Supreme Court
Appeal from special term, Erie county. Action by Ada A. Hyer against George Sutton to recover a deficiency remaining after sale under a chattel mortgage. A demurrer to the answer was-overruled, and plaintiff appeals.
1Opinion of the CourtCorlett, J.
On the 2d day of July, 1888, the defendant executed a chattel mortgage to the plaintiff to secure the sum of $700. It covered a printing-press and some other personal property. It provided for payment within five years from the date of the mortgage, with semi-annual interest, with the-right to pay $100 and interest at any time. It provided that in case of nonpayment the mortgagee could enter the premises and take possession, and then contained the following clause: “And, in case the said Ada A. Johnson shall deem the said property or debt unsafe, it shall be lawful for her to-take possession…
2Cases cited4 opinions
- Roy v. GoingsIllinois Supreme Court · 1880
- Werner v. BergmanSupreme Court of Kansas · 1882
- Furlong v. CoxIllinois Supreme Court · 1875
- Davenport v. LedgerIllinois Supreme Court · 1875
3Cited by3 opinions
- Oppenheimer v. MooreAppellate Division of the Supreme Court of the State of New York · 1905
- Domenico v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1922
- In re the PeopleAppellate Division of the Supreme Court of the State of New York · 1947