Stimmel v. Swan
Appellate Terms of the Supreme Court of New York
Appeal from an affirmance by the General Term of the City Court of a judgment in favor of the plaintiff for $2,158.37. The action' is upon an undertaking on arrest executed by the defendants Thurber and Yeith as bail for Charles A. Swan in an action brought against him by this plaintiff in the City Court for conversion of property covered by a. chattel mortgage.
1Opinion of the CourtDaly, P. J.
In Í883 Charles A. Swan was proprietor of a hotel at 503 Fifth avenue and executed to Maltby G. Lane a chattel mortgage upon the furniture to secure an indebtedness of $7,450, and this mortgage was assigned by Lane to this plaintiff, there being then due upon it to Lane only the sum of $3,500. The plaintiff at that time was also the creditor of Swan in a .sum exceeding $7,000, for which additional indebtedness Swan agreed that he nlight hold the mortgage as security.. It appeared, however, that prior to the assignment to the plaintiff ■ Swan had executed a second mortgage on the same chattels…
2Cited by1 opinion
- Wintner v. National Surety Co.City of New York Municipal Court · 1923