Huggans v. Fryer
New York Supreme Court
This was an appeal from a judgment - entered on a verdict rendered at the Greene county circuit, in favor of the plain- ■ tiff and against the defendant, on the third day of June, 1868. The action was-brought to recover the amount of a promissory note made by defendant for twenty-three dollars and. interest, and also a balance due the plaintiff upon a chattel mortgage given by the defendant to him for $175. It appeared upon the trial that on the 6th day of' April, 1866, the…
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This was an appeal from a judgment - entered on a verdict rendered at the Greene county circuit, in favor of the plain- ■ tiff and against the defendant, on the third day of June, 1868. The action was-brought to recover the amount of a promissory note made by defendant for twenty-three dollars and. interest, and also a balance due the plaintiff upon a chattel mortgage given by the defendant to him for $175. It appeared upon the trial that on the 6th day of' April, 1866, the respondent sold a yoke of oxen to the appellant for $175, and -took back, a mortgage upon the oxen for the price payable…
1Opinion of the Court
Present — Miller, Ingalls and Peckham, JJ.
By the Court
Miller, P. J.
The chattel mortgage upon which the plaintiff claimed to recover in this action contained a condition that,, in case the plaintiff should at anytime deem himself unsafe, it should be lawful for him to take possession of the property mortgaged, and to sell the same at public or private sale, and apply the proceeds to the payment of the debt. The plaintiff, deeming himself unsafe, took possession of the property before the mortgage became due, and sold the same without giving personal notice to the defendant. It is contended by…
2Cases cited6 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Charter v. StevensNew York Supreme Court · 1846
- Patchin v. PierceNew York Supreme Court · 1834
- Chamberlain v. MartinNew York Supreme Court · 1865
- Chadwick v. LambNew York Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tyler v. AmesNew York Supreme Court · 1872
- Sanger v. SlaydenCourt of Appeals of Texas · 1894
- Glenny v. LacyCity of New York Municipal Court · 1888
- Hall v. DitsonNew York Supreme Court · 1878
- Baumann v. CornezNew York Court of Common Pleas · 1890
3 more not listed; retrieve them via the Exa API.