Bennett v. Wright
New York Supreme Court
Appeal from special term, ¡New York county. Action by Ada Bennett against William H. Wright to have certain mortgages satisfied of record. From an order enjoining defendant from interfering or intermeddling with certain chattels mortgaged by the plaintiff to*defendant, defendant appeals. Modified.
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Appeal from special term, ¡New York county. Action by Ada Bennett against William H. Wright to have certain mortgages satisfied of record. From an order enjoining defendant from interfering or intermeddling with certain chattels mortgaged by the plaintiff to*defendant, defendant appeals. Modified. The complainant alleges that plaintiff bought $3,200 worth of furniture, fixtures, and chattels of Elliott & Congle, and paid at various times by check, cash, and return of furniture a sum equal to this amount; that five months after th'e purchase of furniture, Elliott & Congle, by their agents,…
1Per curiam
The mortgagee having the right, under the power of sale, to foreclose his mortgages without action, their validity can be contested only by an action to have it adjudged that they were null and void, or that they have been paid, as the case may be. The mortgagee can ask to have the mortgages foreclosed in this action, and on such an issue might have an injunction restraining the plaintiff from removing the property from the state, or from dispersing it, to the injury of the mortgagee’s interests. We think, under the allegations, that the mortgagee should be restrained from enforcing the power…
2Cited by2 opinions
- Earle v. Gorham Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Haywood v. LockwoodNew York Supreme Court · 1915