Harris Automatic Press Co. v. Demarest Pattern Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of New York, entered in favor of the plaintiff after trial without a jury.
1Opinion of the CourtMacLean, J.
On December 10, 1903, the defendant executed and delivered to the plaintiff a chattel mortgage, providing for entry, possession, and sale upon default in the payment of any of the installments therein conditioned, at stated times, to be paid. The defendant thereafter defaulted, the plaintiff, as was its right, foreclosed, a right not taken from it by provision for sale under the power mentioned (Briggs v. Oliver, 68 N. Y. 336, 339), and it was not necessary that the mortgage should so declare. Bragelman v. Daue, 69 N. Y. 69, 74. Nor was it reversible fault that the plaintiff, a foreign…
2Cases cited3 opinions
- Bragelman v. . DaueNew York Court of Appeals · 1877
- Briggs v. . OliverNew York Court of Appeals · 1877
- In Re the Appraisal of the Estate of CorbettNew York Court of Appeals · 1902
3Cited by1 opinion
- Redfield v. First Nat. Bank of Brigham CityUtah Supreme Court · 1925