Fidelity Loan Ass'n v. Connolly
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. ' Action by the Fidelity Loan Association against Bernard J. Connolly. From a judgment for defendant, plaintiff appeals. Reversed.
1Opinion of the CourtScott, J.
It is well settled in this state that after default the mortgagor in a chattel mortgage has no further interest in, or title to or right of possession of, the mortgaged property. Leadbetter v. Leadbetter, 125 N. Y. 290, 294, 26 N. E. 265, 21 Am. St. Rep. 738. He becomes merely the bailee of the mortgagee, and replevin is the appropriate remedy. Section 139 of the municipal court act (Laws 1902, p. 1533, c. 580) forbids such an action only in case of a contract of conditional sale of personal property, a hiring of personal property when title is not to ' vest in the person hiring until the…
2Cases cited1 opinion
- Leadbetter v. N. H. LeadbetterNew York Court of Appeals · 1891
3Cited by1 opinion
- Fidelity Loan Ass'n v. ConnollyAppellate Terms of the Supreme Court of New York · 1905