Consumers Brewing Co. v. Braun
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Consumers Brewing Company of Brooklyn, L. I., from a judgment of the Municipal Court of the city of New York, borough of Queens, in favor of the defendant, rendered on the 24th day of January, 1911, dismissing the complaint.
1Opinion of the Court
Jenks, P. J.:
We gather from the oral pleadings, which are laconic and abbreviated, that the plaintiff sues for the deficiency after the sale, pursuant to a chattel mortgage executed by the defendant, and that the defendant answered by general denial and a counterclaim for the value of the chattels over and above the amount of the mortgage. The mortgage was upon the express condition that if the mortgagor should pay unto the mortgagee $800, “ being the amount of a certain promissory, note, bearing even date herewith, executed ” by the said mortgagor and “ payable on demand to the order ” of…
2Cases cited4 opinions
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Elder v. RouseNew York Supreme Court · 1836
- Pratt v. HugginsNew York Supreme Court · 1859
- Culver v. . SissonNew York Court of Appeals · 1850
3Cited by3 opinions
- Holliday v. McGrawNew York Supreme Court · 1919
- Katz v. KatzNew York Supreme Court · 1913
- In re the PeopleAppellate Division of the Supreme Court of the State of New York · 1947