Weiss v. Imperator Realty Co.

On the 6th of May, 1924, one Friedman executed a chattel mortgage on certain office furniture and other goods to plaintiff. On June 1, 1925, Friedman, the mortgagor, became indebted to defendant in the sum of $166.66 for rent pursuant to a lease. On the sixth of June, the due date of the mortgage, it was not paid and the mortgagee the following day went to the defendant accompanied by a marshal and announced that he intended to take possession of the chattels. What happened at that conversation is disputed, but assuming that the defendant requested the plaintiff not to take possession of the…