O'Brien v. Miller

Citations

• 117 F. 1000
• 1902 U.S. App. LEXIS 5166

Syllabus

<p>L Complaint—Sufficiency of Allegations.</p> <p>Where a mortgage gave the mortgagee the right of possession in case of default continuing for two months after demand, an allegation by the mortgagee in a complaint against a third person for injuring the property that demand had been made by plaintiff more than two months before the acts complained of, but without giving the date, is sufficient against a demurrer.</p> <p>2. Mortgage—Injury to Mortgaged Property—Right of Action by Mortgagee.</p> <p>Under the law of Connecticut, a mortgagee having the right of possession, although not in fact in possession, may maintain an action against a third person for an injury to or removal of a part of the mortgaged property, where it is alleged that the act of defendant deprived plaintiff of his sole security, and that the mortgagor is insolvent.</p> <p>8. Chattel Mortgage—Sufficiency of Description.</p> <p>A description of property in a chattel mortgage which is good as between the parties is prima facie sufficient as between the mortgagee and a trespasser who injures or converts the property after default in payment of the mortgage.</p>