Sheldon v. McFee
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frank McFee and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Otsego on the 10th day of June, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of June, 1913, denying the defendants’ motion for a new trial made upon the minutes.
1Dissent
Kellogg, J. (dissenting):
This case was before us in 156 Appellate Division, 877, where we reversed a judgment in favor of the plaintiff. He claimed to have a mortgage on the old safe which Mrs. White traded for the new one, and subsequently he took a mortgage upon the new safe to secure the same debt. He was not sworn as a witness. We held that by taking a mortgage upon the new safe the presumption, was that he, with knowledge of the facts, was substituting the new safe in place of the old one and that he could not recover in conversion after the old safe had been sold by her to a purchaser…
2Cases cited1 opinion
- Dickinson v. OliverAppellate Division of the Supreme Court of the State of New York · 1904