Gildersleeve v. . Landon
New York Court of Appeals
This was an action to recover certain personal property which plaintiff claimed to have purchased in good faith from his son. Defendant claimed under a chattel mortgage executed to him by the son but not filed. The course of the trial required plaintiff to prove title. The only two persons who testified to the sale of the property to plaintiff were the plaintiff himself and his son ; evidence was given on the part of defendant tending to impeach the latter.
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This was an action to recover certain personal property which plaintiff claimed to have purchased in good faith from his son. Defendant claimed under a chattel mortgage executed to him by the son but not filed. The course of the trial required plaintiff to prove title. The only two persons who testified to the sale of the property to plaintiff were the plaintiff himself and his son ; evidence was given on the part of defendant tending to impeach the latter. The court directed a verdict for plaintiff, held, error; the court stating the rule as above, citing Mwood v. W. U. Tel. Co. (45 N. Y.,…
1Opinion of the Court
Folger, J.,
reads for reversal and new trial.
All concur, except Miller, J., absent.
Judgment reversed.
2Cited by71 opinions
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
- Moore v. First Nat. Bank of Iowa CitySupreme Court of Oklahoma · 1912
- In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
- Eastland v. . ClarkeNew York Court of Appeals · 1901
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