47 Misc. 660 | N.Y. App. Term. | 1905
The plaintiff sues in replevin to recover certain chattels now in possession of defendant. The complaint sets forth the execution and delivery by one Mary ,PBigelow, of a chattel mortgage which was payable on demand, and was duly filed. That on a certain date plaintiff caused a notice to be served upon the mortgagor demanding payment of the debt for which the mortgage was given, and informing her that if the debt was not paid within thirty days plaintiff would exercise the power of sale given him by the saortgage and take possession of the chattels covered thereby. That before the expiration of said notice the said mortgagor,
Judgment reversed, with costs, and demurrer overruled, with costs, with leave to defendant to withdraw demurrer and answer over within six days upon payment of costs.
Dugbo and MacLea% JJ., concur.
Judgment reversed, with costs, and demurrer overruled, with costs, with leave to defendant to withdraw demurrer ap.d answer over within six days upon payment of costs.