Davenport v. . McChesney
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made April 8, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made April 8, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought by plaintiff, as receiver, appointed in supplementary proceedings, against Nelson McChesney, to recover an alleged surplus arising on sale of personal property under a chattel mortgage executed by said Kelson to defendant ; also a surplus arising on sale of property under an execution in favor of defendant’ against said…
1Opinion of the CourtAndrews, J.
There is but little that needs to be said in this case, in addition to what is contained in the opinion of the General Term.
1. The defendant was properly held to account for the excess of the purchase-price of the property sold on the chattel mortgage beyond the legal claims secured thereby. He assumed to sell all the mortgaged property under the power of sale contained in the mortgage, and afterward took possession of and claimed the property under this title. The mortgagor could elect to treat the entire sale as valid, and to regard the amount for which the property sold beyond the amount…
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- Tobener v. HassinbuschMissouri Court of Appeals · 1894
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