Auto Brokerage Co. v. Morris & Smith Auto Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, in favor of plaintiff, after trial by the court without a jury.
1Opinion of the CourtMullan, J.
The action is on a note, against the indorser, who was the payee. The plaintiff’s prima facie case is admitted, but the defendant pleads the following facts, which are conceded, as a defense and counterclaim. When the maker made the note to the *148defendant, he executed and delivered to it a chattel mortgage, as collateral security. Defendant, on the same day, indorsed the note for value to plaintiff, and assigned to it the chattel mortgage. The plaintiff, knowing that the chattel mortgage had not been filed, did not file it. The maker subsequently became a bankrupt, and, because the mortgage…
2Cases cited3 opinions
- Shutts v. . FingarNew York Court of Appeals · 1885
- Atlanta National Bank v. DouglassSupreme Court of Georgia · 1874
- Spring v. GeorgeNew York Supreme Court · 1888
3Cited by7 opinions
- Executive Bank of Fort Lauderdale v. TigheAppellate Division of the Supreme Court of the State of New York · 1978
- Leslie Fay, Inc. v. RichDistrict Court, S.D. New York · 1979
- Central Sav. Bank & Trust Co. v. Oilfield Supply & Scrap Material Co.Supreme Court of Louisiana · 1943
- Bank v. SilverAppellate Terms of the Supreme Court of New York · 1969
- Sussex Finance Co. v. Goslee.Superior Court of Delaware · 1951
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