Ballou v. Cunningham
New York Supreme Court
APPEAL by the plaintiff from a judgment entered at a special term, on the verdict of a jury, in his favor, for $47, a smaller amount than was claimed by him. The action was brought by the plaintiff", the mortgagee named in a chattel mortgage executed by the defendant, to'recover a balance claimed to be still due thereon. The mortgage was given to secure the payment of $200, with interest, stated to be borrowed money.
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APPEAL by the plaintiff from a judgment entered at a special term, on the verdict of a jury, in his favor, for $47, a smaller amount than was claimed by him. The action was brought by the plaintiff", the mortgagee named in a chattel mortgage executed by the defendant, to'recover a balance claimed to be still due thereon. The mortgage was given to secure the payment of $200, with interest, stated to be borrowed money. It was dated November 1, 1867, and contained the following proviso: “Provided always, and this mortgage is on the express condition, that if the said Cunningham shall pay to the…
1Opinion of the CourtJohnson, J.
The action was to recover the balance remaining due upon a chattel mortgage, after a sale of the mortgaged property, and the application of the proceeds. *431The mortgage was to secure the payment of the $200, three months from date, which sum the mortgagor agreed then to pay. He further stipulated and agreed that in case he should make default, the mortgagee might take possession of the property, and sell the same, either at public or private sale, and after deducting all expenses, apply the proceeds. The mortgage further provides that “ if from any cause said property shall fail to satisfy said…
2Cases cited1 opinion
- Chamberlain v. MartinNew York Supreme Court · 1865
3Cited by3 opinions
- Harris v. LynnSupreme Court of Kansas · 1881
- Cartier v. Pabst Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Halstead v. SwartzNew York Supreme Court · 1873