Legal Opinion

Hof v. Mager

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 1915Published

Separate appeals by the defendants, Martin Mager and Annie 0. Carpenter, from parts of an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 1st day of July, 1914.

1Opinion of the Court

Stapleton, J.:

Lillian Hof sues to foreclose a chattel mortgage made to secure the payment of $1,950. The mortgage was made on May 1, 1911. The debt secured was payable February 28, 1912. The mortgagor was Marie A. Grening. The mortgagee was Anna von der Leith. It was assigned to Lillian Hof on November 21, 1912. The chattels were mortgaged in an instrument which also mortgaged real estate. The real estate was hotel property and the chattels were contained in the hotel. The mortgage was not filed as a chattel mortgage in compliance with article 10 of the Lien Law (Consol. Laws, chap. 33 [Laws…

2Cases cited11 opinions

  1. Heller v. . CohenNew York Court of Appeals · 1897
  2. McCaffrey v. . WoodinNew York Court of Appeals · 1875
  3. Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
  4. Button v. . Rathbone, Sard Co.New York Court of Appeals · 1891
  5. Lewis v. . PalmerNew York Court of Appeals · 1863

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