Hochman v. Hauptman
Appellate Division of the Supreme Court of the State of New York
Appeal by Abraham Barasch from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of Hew York on the 4th day of June, 1901, directing that a supplemental summons issue making him a party defendant in the place of “John Doe,” and also from an order, made at the Hew York Special Term and entered in said clerk’s office on the 28th day of June, 1901, denying the appellant’s motion to vacate and set aside the…
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Appeal by Abraham Barasch from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of Hew York on the 4th day of June, 1901, directing that a supplemental summons issue making him a party defendant in the place of “John Doe,” and also from an order, made at the Hew York Special Term and entered in said clerk’s office on the 28th day of June, 1901, denying the appellant’s motion to vacate and set aside the first-mentioned order.
1Opinion of the Court
Laughlin, J. :
The action is in replevin to recover “ three machine presses, types and all the appurtenances ” to which the plaintiff claims to be entitled by virtue of two chattel mortgages thereon, given by the defendant Hyman Hauptman, who was the owner thereof at the time, default having been made in the payment of indebtedness to secure which the mortgages were given. The plaintiff does not show when the mortgages were given or that they have been kept alive by refiling.
The appellant claims to have purchased this property of the defendant Hauptman without notice or knowledge of the…
2Cases cited2 opinions
- Town of Hancock v. . First National BankNew York Court of Appeals · 1883
- MacWhinnie v. CameronNew York Supreme Court · 1890
3Cited by4 opinions
- First Commercial Bank v. ValentineAppellate Division of the Supreme Court of the State of New York · 1913
- Goldstein v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1903
- Haskell v. MoranAppellate Division of the Supreme Court of the State of New York · 1907
- Albany Brass & Iron Co. v. AltonAppellate Terms of the Supreme Court of New York · 1903