Kaufman v. Schwartz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Karl Kaufman, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of June, 1916, denying plaintiff’s motion for an injunction pendente lite.
1Opinion of the Court
Smith, J.:
Plaintiff borrowed of the defendent $200 and gave to the defendant a chattel mortgage upon certain machinery described therein belonging to the plaintiff to secure the same. The loan became due. The plaintiff refused to pay the same on the ground that it was usurious, and the defendant threatened to foreclose said mortgage without legal proceeding and take possession of the machines covered thereby. The defendant also threatened that if the plaintiff did not pay the notes he would “ rip out the machines.” Thereafter and upon the 12th day of April, 1916, this action was commenced in…
2Cited by1 opinion
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