Briggs v. . Oliver
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of defendant Oliver entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of defendant Oliver entered upon the report of a referee. The relief asked in the complaint in this action was in substance that plaintiff recover the amount of a chattel mortgage held by him, that the amount thereof be paid by defendants, Van Sicklen and Pickering, out of the amount in their hands remaining unpaid upon a judgment obtained by defendant Oliver against them, and that said Van Sicklen and Pickering be enjoined from paying, and said Oliver from enforcing…
1Opinion of the CourtAndrews, J.
The mortgage was in part due when this action was commenced. The plaintiff’s title to the mortgaged property had become absolute at law by the default of the mortgagor. Yan Sicklen and Pickering had notice of the mortgage when they purchased, and the omission to file it did not affect the rights of the plaintiff. The plaintiff could have taken the property under the mortgage, and have extinguished the equity of redemption by a sale under the power. He had also a remedy against the defendant Oliver, upon his covenant to pay the mortgage made on his purchase of the property from Proctor. The…
2Cases cited1 opinion
- Dunlevy v. . TallmadgeNew York Court of Appeals · 1865
3Cited by24 opinions
- Peter Barrett Manufacturing Co. v. RonkNew York Court of Appeals · 1914
- Ostrander v. . WeberNew York Court of Appeals · 1889
- First Trust & Deposit Co. v. PotterNew York Supreme Court · 1935
- Hall v. BellWisconsin Supreme Court · 1910
- In re National Cash Register Co.Court of Appeals for the Sixth Circuit · 1909
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