Willcox v. Perez
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Elenterio Perez and another, from a judgment of the Municipal Court of the City of Hew York.
1Opinion of the Court
Gaynor, J. :
This is not an action on the chattel mortgage, but for a deficiency thereon after foreclosure and sale. Therefore section 139 of the Municipal Court Act,* that no action shall be brought in that court *694on a chattel mortgage “ made to secure the purchase price of chattels ” does not apply. It is true- that there is the usual provision in the mortgage that the mortgagor shall be liable for such deficiency, but that is not what makes him liable; he would be liable if there were no such provision ; his liability arises as matter of law out of the foreclosure, and that is the foundation…
2Cited by1 opinion
- In re the PeopleAppellate Division of the Supreme Court of the State of New York · 1947