Foreclosure Of Chattel Mortgage

97 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Linick v. Lamm
  143 So. 2d 551· Fla. 3d DCA· 1962-07-31 ·cited 4×
  In this chattel mortgage foreclosure case, the court affirmed the lower court's decision to foreclose on a mortgaged horse, rejecting the appellant's claim that he was a bona fide purchaser for value without notice. The court held that the recorded mortgage constituted constructi
• Nona R. Johnson v. United States
  291 F.2d 908· 8th Cir.· 1961-06-30 ·cited 4×
  The court held that the trial court's jury instructions regarding the necessity of criminal intent for a theft loss deduction were correct, and the jury's verdict was supported by the evidence.
• Hart v. United States
  207 F.2d 813· 8th Cir.· 1953-11-10 ·cited 4×
  The court held that while the United States could establish its tax lien priority in federal court, it could not enjoin the state court from administering property already in its custody.
• Pearson v. Rapstine
  203 F.2d 313· 5th Cir.· 1953-04-10 ·cited 4×
  The court held that a state court decree foreclosing a chattel mortgage is binding on a bankruptcy trustee if the lien was not obtained within four months of bankruptcy and is not otherwise a voidable preference.
• Tropical State Bank v. Sunshine Motor Co., Inc.
  137 Fla. 703· Fla.· 1939-05-02 ·cited 4×
  Tropical State Bank sued to enforce a chattel mortgage on automobiles pledged by Sunshine Motor Company, which held the vehicles under a trust agreement with American Investment & Mortgage Company. The Florida Supreme Court affirmed dismissal of the complaint, holding that goods
• First Nat'l Bank of Brooksville v. Evans
  100 Fla. 740· Fla.· 1930-09-05 ·cited 4×
  This case concerns the priority of liens between a chattel mortgage and a subsequent attachment. The court held that a chattel mortgage, properly filed for record, takes priority over a later attachment lien, even if the clerk has not yet physically recorded the mortgage. This de
• Bolton McBRYDE v. Lowe
  163 So. 2d 896· Fla. 2d DCA· 1964-05-01 ·cited 3×
• Patel v. Mrs. Julia Daniel
  134 Fla. 503· Fla.· 1938-10-10 ·cited 3×
  The Florida Supreme Court affirmed a foreclosure decree on a chattel mortgage where defendants failed to interpose a meritorious defense. The court clarified that a chattel mortgage securing an initial debt can be validly applied by parol agreement to secure a subsequently create
• North v. Ringling
  133 Fla. 117· Fla.· 1938-07-06 ·cited 3×
  The Florida Supreme Court granted a motion to quash an appeal filed by executors of John Ringling's estate in a chattel mortgage foreclosure suit brought by Emily Ringling. The Court found the appeal was taken merely for purposes of delay and lacked any colorable legal merit.
• Gimbel v. Int'l Mailing & Printing Co., Inc.
  505 So. 2d 631· Fla. 4th DCA· 1987-04-15 ·cited 2×
  Gimbel appeals the denial of his motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b), seeking to set off a judgment recovered by the Seigel Estate against International against a judgment International obtained against Gimbel for aircraft depreciation.
• Carlo Scotti v. Maysles
  202 So. 2d 817· Fla. 3d DCA· 1967-10-03 ·cited 2×
  A mortgagee sought foreclosure of a chattel mortgage on restaurant equipment. The defendant purchaser claimed estoppel, alleging the mortgagee was present during negotiations, remained silent about his lien, and falsely stated he had no interest in the restaurant. The court rever
• Zacharia v. Abrams
  164 So. 2d 837· Fla. 3d DCA· 1964-05-26 ·cited 2×
  The court held that the description in the appellants' chattel mortgage was insufficient to establish priority against third parties, even though it was recorded.
• Galloway v. Hood's Milk, Inc.
  154 So. 2d 852· Fla. 2d DCA· 1963-06-19 ·cited 2×
  A milk base is an incidental, inseparable right of ownership of a dairy herd that earned it, the mortgage lien extended to include such incidental rights, and Musgrave became the rightful owner of the entire milk base upon his re-acquisition of the herd through foreclosure sale o
• Lucco v. Roller Corp.
  151 So. 2d 12· Fla. 2d DCA· 1963-03-13 ·cited 2×
  Lucco appeals an order transferring their chattel mortgage foreclosure action from Broward County to Dade County based on venue. The court reverses, holding that an action to foreclose a chattel mortgage is transitory, not local, and therefore proper venue lies in Broward County
• United States v. Fahrenkamp
  312 F.2d 627· 8th Cir.· 1963-02-01 ·cited 2×
  A chattel mortgage's 'dragnet' clause does not extend to after-acquired property, like loaders, unless the parties clearly intended it and the property is of the same class and related to the primary debt.
• Donoghue v. Beeler
  149 So. 2d 534· Fla.· 1963-01-30 ·cited 2×
• Gibbs v. Hicks
  146 So. 2d 391· Fla. 1st DCA· 1962-11-01 ·cited 2×
  The court reviewed a foreclosure suit on a chattel mortgage securing a $300,000 note, involving multiple extensions and notes, to determine the validity of the foreclosure decree and related issues.
• Donoghue v. Beeler
  127 So. 2d 125· Fla. 3d DCA· 1961-02-27 ·cited 2×
  This case involves a dispute over a chattel mortgage and a subsequent sale of the mortgaged chattels. The appellate court affirmed a lower court's decision, finding the buyer to be a bona fide purchaser without notice, despite a discrepancy in the property's listed location in th
• Huffman v. Farros
  275 F.2d 350· 9th Cir.· 1960-02-08 ·cited 2×
  The court held that the trustee in bankruptcy cannot claim title to the liquor license because it was subject to a constructive trust in favor of the claimant, who was entitled to its retransfer.
• Crowley v. Honorable Hal P. Dekle
  118 So. 2d 239· Fla. 3d DCA· 1960-01-21 ·cited 2×
  This case involves a petitioner seeking a writ of prohibition to stop a replevin action for an automobile. The court discharged the rule nisi, allowing the replevin action to proceed.
• Stockdale v. Olson
  261 F.2d 191· 8th Cir.· 1958-11-18 ·cited 2×
  The court held that a chattel mortgage on future crops attaches only to the mortgagor's interest, and here, the landlord's modified agreement for crop sharing meant the tenants had no interest in the disputed corn when the mortgage was executed.
• E. J. Smith Co. v. van Straaten
  106 So. 2d 226· Fla. 3d DCA· 1958-11-06 ·cited 2×
  The court held that the appellant failed to prove lack of consideration for the note and mortgage, and that the prior decree was not subject to appeal.
• Boynton Beach State Bank v. J. I. Case Co.
  99 So. 2d 633· Fla. 2d DCA· 1957-12-23 ·cited 2×
  The court held that the plaintiff bank's investigation into the Buckners' title to the tractors was insufficient to defeat J.I. Case Company's superior interest under a retain title contract.
• Emmerglick v. Philip Wolf, Inc.
  138 F.2d 661· 2d Cir.· 1943-11-04 ·cited 2×
  A chattel mortgage is invalid under New Jersey law if the affidavit of consideration is insufficient, either by failing to prove the authority of the affiant or by misstating the true consideration.
• Coconut Grove Exch. Bank v. Fleming Novelty Works
  107 Fla. 1· Fla.· 1932-10-08 ·cited 2×
  Coconut Grove Exchange Bank sought to foreclose on chattel mortgages held by Fleming Novelty Works, but the court upheld the lower court's finding that the mortgages and subsequent assignments lacked valid consideration and were not made in good faith, making them void as to cred
• Sparr v. The Fla. S. Ry. Co.
  25 Fla. 185· Fla.· 1889-01-01 ·cited 2×
  Sparr, who was a minor (20 years old) when he executed promissory notes and a chattel mortgage on his steamboat to secure a loan from Florida Southern Railway Company, successfully disaffirmed the contract by pleading infancy after reaching majority. The Florida Supreme Court rev
• Dames v. 926 Co., Inc.
  925 So. 2d 1078· Fla. 4th DCA· 2006-03-15 ·cited 1×
  In this eminent domain apportionment case, the court reversed the trial court's denial of the Dames' claim for compensation based on their leasehold interest in property taken by the Delray Beach Community Redevelopment Agency. The court held that the Dames had a compensable leas
• Vera v. Garcia
  390 So. 2d 797· Fla. 3d DCA· 1980-12-02 ·cited 1×
  Barbara Vera appealed an order denying her motion to vacate a final foreclosure judgment on a chattel mortgage for a boat. The court held that the plaintiff's subsequent filing of an amended complaint, reply pleading, and taking of the defendant's deposition did not waive the ben
• Bank OF Belleview v. Beshere
  207 So. 2d 27· Fla. 1st DCA· 1968-02-06 ·cited 1×
  Bank of Belleview appeals a summary decree finding that its chattel mortgage on a liquor license lacked priority over a later mortgage assigned to Beshere. The court reverses, holding that the bank's recorded mortgage provided constructive notice of its lien on the liquor license
• Galloway v. Musgrave
  154 So. 2d 846· Fla. 2d DCA· 1963-06-19 ·cited 1×
  This appeal concerns a chattel mortgage foreclosure action involving cattle sales where the mortgagee Musgrave obtained a deficiency decree after foreclosure sale. The court affirmed, holding that repossession of mortgaged livestock during foreclosure did not constitute an electi
• Am. Disc. Co. v. Cent. Bank OF Tampa
  135 So. 2d 10· Fla. 2d DCA· 1961-11-29 ·cited 1×
  The court held that the November 24, 1959, transaction was an unrecorded chattel mortgage, not a trust receipt, and thus inferior to the plaintiff's subsequently recorded chattel mortgage.
• Eytan Gold v. Perry
  456 So. 2d 1197· Fla. 4th DCA· 1984-08-29
  The Fourth District Court of Appeal reversed a judgment for the Perrys in a fraudulent misrepresentation case involving the sale of a bagel restaurant, holding that the trial court erred by instructing the jury that a party who conducts an independent investigation is charged wit
• Bianca Geronazzo v. Saviano
  423 So. 2d 544· Fla. 4th DCA· 1982-12-15
• Donatello v. Kent
  297 So. 2d 581· Fla. 2d DCA· 1974-06-28
  Donatello appeals a final judgment of $3,500 plus costs in a promissory note deficiency action. The trial court granted summary judgment on the note claim, then later entered a final judgment based on an oral agreement to convey real estate in satisfaction of the debt, crediting
• Thompson K. Cassel v. Univ. Athletic Ass'n, Inc.
  200 So. 2d 599· Fla. 1st DCA· 1967-06-20
  The court held that the trial court erred in refusing to admit evidence regarding the relationship between the appellant and the party operating the radio station, which was material to determining liability for contracts entered into during that period.
• Mongoose GIN Co. & Clinton Manges v. United States
  331 F.2d 483· 5th Cir.· 1964-04-15
  The court held that the trial court did not err in striking the appellants' defensive pleadings, and therefore the deficiency judgment was proper.
• Jenkins v. Dickey
  151 So. 2d 54· Fla. 2d DCA· 1963-03-20
  This case involves a dispute over a promissory note for $1,938.67. The defendant-appellant challenges a summary judgment in favor of the plaintiff-appellee, arguing he was not the maker of the note and that the underlying engine was returned. The court affirmed the summary judgme
• Rathbun v. Merchs. Bank OF Miami
  138 So. 2d 539· Fla. 3d DCA· 1962-03-15
  Appellants who defaulted on a promissory note secured by a chattel mortgage sought to avoid foreclosure by claiming the lender waived or was estopped from asserting its acceleration and foreclosure rights when it retained checks sent by the defendants covering delinquent payments
• Sinclair Ref. Co. v. Rousseau
  13 Fla. Supp. 88· Duval Cty. Cir. Ct.· 1958-10-14
  Sinclair Refining Co. sought to foreclose a chattel mortgage on a 1956 Chevrolet purchased in Florida. Saint Marys State Bank intervened, claiming an earlier lien created under Georgia law. The court held that Florida statutory law governing motor vehicle titles requires a lienho
• John A. Vann and his wife v. Accounts Supervision Co.
  88 So. 2d 548· Fla.· 1956-06-29
  The Vanns appealed a foreclosure decree on a chattel mortgage for a $280 small loan, arguing the note and mortgage violated Florida's Small Loan Act. The Florida Supreme Court affirmed the foreclosure, rejecting the Vanns' defenses regarding blank execution and loan term violatio
• McGREGOR v. Gen. Mills, Inc.
  62 So. 2d 75· Fla.· 1952-12-22
  The Florida Supreme Court reversed a lower court's decree foreclosing a chattel mortgage, finding that the mortgage was intended to secure future advances of merchandise, not past debts owed by a third party. The court emphasized that the evidence showed credit was extended to a
• Hardesty v. Wellington Fin. Corp.
  116 Fla. 804· Fla.· 1934-10-12
  The Florida Supreme Court affirmed an order finding the administrator of Annie Hardesty's estate failed to plead sufficient defenses to a chattel mortgage foreclosure action. The court held that a married woman's separate acknowledgment is not required to execute a valid chattel
• The S. Cotton Oil Co. v. Bates
  109 Fla. 194· Fla.· 1933-03-23
  Southern Cotton Oil Company appealed from the dismissal of its chattel mortgage foreclosure action against two married women defendants. The Florida Supreme Court reversed, holding that the trial court's dismissal was premature and required reconsideration based on determining wh
• Moore v. Holder
  95 Fla. 504· Fla.· 1928-03-17
  Sureties on an attachment bond appealed the enforcement of the bond, arguing that the property levied upon was not the same property described in the mortgage being foreclosed. The Florida Supreme Court affirmed judgment against the sureties, holding that bond obligors are estopp
• Calhoun v. Russ
  81 Fla. 773· Fla.· 1921-06-02
  William Calhoun appealed the trial court's foreclosure of a chattel mortgage by J. W. Russ, challenging the court's exclusion of evidence regarding alleged usurious interest charges and prior financial transactions between the parties. The Florida Supreme Court reversed, holding
• Spencer v. Dell
  55 Fla. 790· Fla.· 1908-01-01
  In this mortgage foreclosure case, the Florida Supreme Court affirmed a lower court judgment for foreclosure despite the appellant's objection that the mortgage document contained a discrepancy in the date of the secured note (1896 versus 1906). The court held that the objection
• Will Cato v. Easterlin
  48 Fla. 249· Fla.· 1904-06-01
  The Florida Supreme Court affirmed a foreclosure decree against a mortgagor but reversed it against the claimants and their sureties due to a lack of evidence regarding the value of the claimed property. The court directed further proceedings for the claimants and sureties.