Legal Opinion

National Nassau Bank v. Cleary

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

Decided March 3, 1916PublishedCited by 3 opinions

Appeal by the defendant, James 0. Oleary, from an order and determination of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of October, 1915, affirming a judgment of the City Court of the City of New York, entered in the office of the clerk of said court on the 21st day of June, 1915, upon the verdict of a jury rendered by direction of the court, and also affirming an order of…

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Appeal by the defendant, James 0. Oleary, from an order and determination of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of October, 1915, affirming a judgment of the City Court of the City of New York, entered in the office of the clerk of said court on the 21st day of June, 1915, upon the verdict of a jury rendered by direction of the court, and also affirming an order of said court denying defendant’s motion for a new trial.

1Opinion of the Court

Scott, J.:

Defendant is indebted to plaintiff in the sum of $950 and interest, for which plaintiff has recovered judgment. In March, 1914, defendant was also indebted to Grace Cleary in the sum of $500, to secure payment of which he gave her a chattel mortgage upon certain personal property. In April, 1914, Grace Oleary assigned to plaintiff the said chattel mortgage and the moneys due or to grow due thereunder as “ collateral security ” for the payment of defendant’s indebtedness of $950 to plaintiff. Neither debt having been paid at maturity, plaintiff now seeks to replevy the mortgaged…

2Cases cited1 opinion

  1. Allen v. . JudsonNew York Court of Appeals · 1877

3Cited by3 opinions

  1. Alan B. Miller, Trustee in Bankruptcy of American Ibc Corp., Bankrupt v. Wells Fargo Bank International Corp.Court of Appeals for the Second Circuit · 1976
  2. In re CrossDistrict Court, N.D. New York · 1917
  3. Service Fire Insurance v. LedermanAppellate Division of the Supreme Court of the State of New York · 1952

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