Henderson v. Gillette

Headnote

Replevin — chattel mortgage — action by purchaser to obtain possession of automobile taken under chattel mortgage executed by vendor as collateral security for note.

Henderson v. Gillette, 203 App. Div. 877 , affirmed.

Appeal, by permission, from a judgment, entered January 9, 1923, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department overruling plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division/ denying a motion for a new trial and directing judgment in favor

of defendants upon the verdict directed by the court. The action was in replevin to recover possession of an automobile. One Charles M. Bridgeford made his promissory note to the order of Frank M. Goff, in the sum of $2,500, payable three months after date, with interest at the Union Trust Company. This note was indorsed by the defendant George A. Gillette for the accommodation of Charles M. Bridgeford. It was then indorsed by Frank M. Goff and delivered to the Union Trust Company. The note was not paid at maturity and notice of protest was given to George A. Gillette about January 12, 1921. At the time of making the note Charles M. Bridgeford executed and delivered to the defendant Gillette a collateral security chattel mortgage to secure Gillette on his indorsement, whereby he mortgaged three automobiles. One of them he thereafter sold to plaintiff. It having been seized under the chattel mortgage plaintiff brought this action to recover possession.