Rosenbaum v. Williams

Appellate Terms of the Supreme Court of New York

Rosenbaum v. Williams

44 Misc. 2d 236, 253 N.Y.S.2d 426, 1964 N.Y. Misc. LEXIS 1431

CourtAppellate Terms of the Supreme Court of New York

DecidedSeptember 23, 1964

StatusPublished

This text of 44 Misc. 2d 236 (Rosenbaum v. Williams) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rosenbaum v. Williams, 44 Misc. 2d 236, 253 N.Y.S.2d 426, 1964 N.Y. Misc. LEXIS 1431 (N.Y. Ct. App. 1964).

Pincite

Opinion

Per Curiam.

The chattel mortgagor’s default gave the right

to possession and general title to the chattel mortgagee with the right of redemption remaining in said chattel mortgagor. The plaintiff’s purchase of the chattel mortgagor’s right in a Sheriff’s sale after levy and execution gives no possessory right or title but only the right of redemption. An action in conversion will not lie on behalf of one who has a mere right of redemption. (Hall v. Sampson, 35 N. Y. 274; Parish v. Wheeler, 22 N. Y. 494; Bragelman v. Daue, 69 N. Y. 69.)

The judgment should be unanimously reversed and the complaint dismissed, with $30 costs.

Concur — Hart, Brown and Groat, JJ.

Judgment reversed, etc.

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