Levy v. Reich
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Manhattan, sixth district, dismissing the complaint on a trial by the court without a j™',y.
1Opinion of the Court
Page, J,
The action was brought on the original debt as security' for the_payment of which a chattel mortgage had been given. The fixtures had been purchased from Lingelheim subject to a mortgage held by the plaintiffs on which there was due fifty-four dollars and eighty-four cents. Subsequently to the purchase of the fixtures the defendant borrowed one hundred dollars from plaintiffs; fifty-four dollars and eighty-four cents was applied in satisfaction of Lingelheim’s mortgage and the balance paid to defendant. As this was not “ a chattel mortgage made to secure the purchase price of…
2Cases cited2 opinions
- Stoddard v. DenisonThe Superior Court of New York City · 1869
- M. Groh's Sons v. FeldmanNew York Supreme Court · 1903
3Cited by2 opinions
- Turk v. ClarkSupreme Court of Virginia · 1952
- Bloomingdale v. GaudioAppellate Terms of the Supreme Court of New York · 1914