Legal Opinion

Fidelity Loan Ass'n v. Connolly

Appellate Terms of the Supreme Court of New York

Decided October 27, 1905PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, Second District. Replevin by Fidelity Loan Association against Bernard J. Connolly to recover mortgaged goods. From a' judgment for defendant; plaintiff appeals. Reversed.

1Opinion of the CourtScott, P. J.

When this cause was before this court on a former appeal, it was held that the plaintiff might maintain replevin to recover the mortgaged goods, and was not limited to an action to foreclose its lien under the provisions of section 139, c. 580, p. 1533, Laws 1902. 92 N. Y. Supp. 252. The case to which respondent now calls our attention (Blake v. Corbett, 120 N. Y. 327, 24 N. E. 477) is not to the contrary, merely holding that an action in equity will also lie to foreclose a chattel mortgage.

The defendant pleads usury, but his plea is not sustained by the evidence. The loan was for $175, and…

2Cases cited2 opinions

  1. Blake v. . CorbettNew York Court of Appeals · 1890
  2. Fidelity Loan Ass'n v. ConnollyAppellate Terms of the Supreme Court of New York · 1905

3Cited by1 opinion

  1. Jerome v. WoodSupreme Court of Colorado · 1907

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