Logourl black
From our private database of 14,000+ case briefs...

Hilliman v. Cobado

Supreme Court of New York
499 N.Y.S.2d 610 (1986)


Facts

Hilliman and Szata (plaintiffs) bought a herd of cattle from Cobado (defendant). The collateral security mortgage granted Cobado a security interest Szata’s farm. Before delivery, Cobado demanded additional security and was granted a lien on sixty-eight cows and one bull under a chattel mortgage. After delivery, Szata culled a portion of the cows. Cobado was offended by the practice, and the plaintiffs wound up granting Cobado another chattel mortgage in thirty-seven replacement cows. The chattel mortgages gave Cobado the right to “enter debtor’s premises peaceably” on default to repossess the cattle, “in accordance with the Uniform Commercial Code (UCC). The plaintiffs made all required payments under the contract and never defaulted. Nevertheless, Cobado arrived at Szata’s property with two deputy sheriffs to repossess the cattle. Cobado had given Szata no notice prior to his arrival. Szata and his wife stated that they were not in default and asked Cobado to leave. Cobado said “to hell with this we’re taking the cows.” Cobado then entered the property and herded the cattle onto trucks, over the Szata’s protests. Szata was threatened with arrest if he “got out of line.” A lieutenant arrived and threatened to arrest Cobado if he took the cattle. Cobado did so and was arrested and charged with possession of stolen property. Szata was also criminally charged with fraudulent sale of mortgaged property. Those cases are pending. The plaintiffs sued Cobado to recover the repossessed cattle.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Horey, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.