Stage v. Van Leuven
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Noah D. Stage against Daniel J. Van Reuven to recover personal property. From a judgment in favor of defendant, plaintiff appeals.
1Opinion of the CourtKellogg, J.
The plaintiff delivered to the defendant on January 3, 1900, a chattel mortgage to secure the payment of $581. A portion of the property mortgaged consisted of a stock of groceries. The mortgage contained the provision: “In case the said Daniel J. Van Reuven [the mortgagee] or his assigns shall at any time deem himself or said property debt or security unsafe, it shall be lawful for him to take possession of said property, and sell the same,” etc. Immediately npon giving the mortgage, the plaintiff (mortgagor) proceeded to sell the groceries at retail, and at the rate of $10 to $15 per day,…
2Cases cited1 opinion
- Champagne v. Powell Medicine Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Carter v. PhillipsNew York Supreme Court · 1926
- Domenico v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1922