Cohocton Valley Garage v. Kellogg

The complaint is defective in that it does not state that at the time the levy was made the vendee was in default. It is not sufficient to allege that “ prior ” to August 30, 1929, the vendee failed to pay the note in question. The note was made on August 16, 1928, and was to be paid September 16, *2841928. The vendee may have been in default some time prior to August 30, 1929, but not in default when the levy-was made. The complaint should state definitely when the levy was made and that at that time the vendee was in default in a certain sum. The right to recover possession of the…