Legal Opinion

Mitchell v. Dane

Appellate Terms of the Supreme Court of New York

Decided May 18, 1911Published

Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Samuel Mitchell against Roma Dane. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtSeabury, J.

This is an action to foreclose a chattel mortgage given by the defendant to secure a debt of $291, which the defendant owed to the plaintiff’s assignor. The mortgage covered certain furniture owned by the defendant, which at the time the mortgage was made was in an apartment of which defendant was the lessee. 'The mortgage in terms provided that, at any time the mortgagee should—

"deem the security afforded by this mortgage unsafe or at any risk, then it shall and may be lawful for, and I, the said party of the first part, do hereby authorize and empower, the said party of the second part, his…

2Cases cited1 opinion

  1. Oppenheimer v. MooreAppellate Division of the Supreme Court of the State of New York · 1905

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