Legal Opinion

McMail v. Michaels

Appellate Terms of the Supreme Court of New York

Decided March 24, 1914PublishedCited by 2 opinions

Appeal from Municipal Court, Borough of Brooklyn. Action by one McMail against one Michaels. From a judgment for defendant, plaintiff appeals.

1Per curiam

The defendant took the property under the chattel mortgage for conceded default in performance of the conditions stipulated. The plaintiff had no right left but redemption in equity. The defendant is not liable either for conversion or for the return of the money paid on the furniture under section 65 of the Personal Property Law (Consol. Laws, c. 41). This is not a case of conditional sale, for the title passed to the plaintiff on the sale and back to defendant under the chattel mortgage. That defendant took property not covered by the mortgage was disputed, and the judgment on the second…

2Cited by2 opinions

  1. Gaul v. Goldburg Furniture & Carpet Co.Appellate Terms of the Supreme Court of New York · 1914
  2. Sheeley v. Holmes Music Co.Appellate Division of the Supreme Court of the State of New York · 1919

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