Lion Brewery v. Loughran
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtFinch, J.
This is an appeal by the plaintiff from an order denying plaintiff’s motion for summary judgment under rule 113 of the Rules of Civil Practice.
The action was brought by the Lion Brewery of New York city to recover the sum of approximately $5,000, being an amount unpaid upon a chattel mortgage given upon the fixtures, lease and license of a liquor saloon. The plaintiff waived its right to the chattels and, instead of bringing an action in equity to foreclose, brought an action at law to recover the amount loaned.
The order appealed from will have to be reversed and the motion granted.
The…
2Cases cited7 opinions
- Cammack v. J. B. Slattery & Bro.New York Court of Appeals · 1925
- Emery v. . BaltzNew York Court of Appeals · 1884
- Ruppert v. SinghiNew York Court of Appeals · 1926
- Locklin v. . MooreNew York Court of Appeals · 1874
- Walsh v. GrayAppellate Division of the Supreme Court of the State of New York · 1925
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3Cited by12 opinions
- New York City Housing Authority v. MedlinCivil Court of the City of New York · 1968
- Eightway Corp. v. Dime Savings BankCivil Court of the City of New York · 1978
- Lunn v. SilfiesNew York Supreme Court · 1980
- CIT Group/Factoring Manufacturers Hanover, Inc. v. Supermarkets General Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Christopher v. TaglieriNew York Supreme Court · 1961
7 more not listed; retrieve them via the Exa API.