Earle v. Gorham Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the defendants, The Gorham Manufacturing Company and another, from an injunction judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the. county of Hew York on the 7th day of December, 1895, upon the decision of the court rendered after a trial at the Hew York Special Term; and by the plaintiff, Lillie J. Earle, from so much of said judgment as fails to award to her any damages sustained by her by reason of the…
Read the full summary
Cross-appeals by the defendants, The Gorham Manufacturing Company and another, from an injunction judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the. county of Hew York on the 7th day of December, 1895, upon the decision of the court rendered after a trial at the Hew York Special Term; and by the plaintiff, Lillie J. Earle, from so much of said judgment as fails to award to her any damages sustained by her by reason of the taking and detention of the chattels and personal property mentioned and referred to in the judgment herein, in addition to…
1Opinion of the Court
Barrett, J.:
The defendant company has proceeded throughout" upon ant erroneous view of its rights. There never" was a forfeiture under; *465its silverware mortgage. That mortgage was entirely independent of the Hormandie mortgage. The principal relation which the latter bore to the former was that it extended the original terms of payment. It did not alter any- of the other provisions or conditions, of the silverware mortgage. On the contrary, it provided that that security was not to be changed in any respect, and that the extension of the terms of payment granted by the new mortgage was in…
2Cases cited12 opinions
- Cushman v. Thayer Manufacturing Jewelry Co.New York Court of Appeals · 1879
- Patchin v. PierceNew York Supreme Court · 1834
- Schultz v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1882
- Hutchings v. . MungerNew York Court of Appeals · 1869
- Bragelman v. . DaueNew York Court of Appeals · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pfeffer v. KlingAppellate Division of the Supreme Court of the State of New York · 1901
- Abramson v. PattsCity of New York Municipal Court · 1910
- Kunselman v. KaserArizona Supreme Court · 1932
- Alex & Gregory, Inc. v. Nick La Vista's Glen Cove Service Station, Inc.New York Supreme Court · 1984
- Carter v. PhillipsNew York Supreme Court · 1926
4 more not listed; retrieve them via the Exa API.