Farfel v. McNulty

This is an appeal from an order denying defendants’ [appellants’] motion for a judgment on the pleadings [to dismiss the complaint] on the ground that the complaint in the replevin action failed to state a cause of action.

On January 7, 1937, Harry Farfel, of the county of Albany, gave to Marilyn Heller a mortgage on an International automobile truck for the sum of $2,000, and on January 8, 1937, the mortgage was filed in the office of the clerk of the county of Albany, that being the county in which Farfel then resided.

The defendant Samuel Sidelman obtained a judgment against the defendant…