Legal Opinion

Clover v. Silverman

The Superior Court of the City of New York and Buffalo

Decided December 29, 1893Published

Appeal from special term. Action by Sarah Clover against Louis Silverman and the Commercial Credit Company. From an order continuing an injunction pendente lite, defendants appeal.

1Opinion of the CourtGildersleeve, J.

This action is for an injunction restraining the defendants from taking, or in any way interfering with, *780certain furniture covered by a chattel mortgage given by plaintiff to the defendant the Commercial Credit Company. The plaintiff also asks, in her complaint, that the promissory note, the payment of which said mortgage was given to secure, together with said mortgage, be brought into court, declared void, and canceled, on the ground of usury. The first alleged cause of action charges fraud in inducing the execution and delivery of the mortgage. This cause of action is without merit, for…

2Cases cited2 opinions

  1. Palmer v. JonesNew York Supreme Court · 1893
  2. Ehrgott v. ForgotstonThe Superior Court of the City of New York and Buffalo · 1892

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