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INDUS. BANK OF COMMERCE v. SHAPIRO

276 A.D. 370 (1950)

Industrial Bank of Commerce, Appellant, v. Chester Shapiro, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

January 31, 1950.

Attorney(s) appearing for the Case

Henry W. Parker of counsel (John J. Dwyer, attorney), for appellant.

Charles E. Bernstein of counsel (Morris M. Oppenheim, attorney), for respondent.

PECK, P. J., CALLAHAN and SHIENTAG, JJ., concur; GLENNON, J., dissents and votes to affirm.

VAN VOORHIS, J.

On August 9, 1946, one Ernest E. Altman borrowed $900 from plaintiff bank, for which he gave his note and chattel mortgage on his 1942 Packard sedan. The chattel mortgage was duly filed in the office of the clerk of the county of Sullivan, New York, where Altman resided. By November 20, 1946, Altman had reduced this loan to $675 and was made another loan by plaintiff on a new note of $1,056, of...

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