Berner v. Kaye
New York Court of Common Pleas
Appeal from First district court. Action by Herman D. Berner against Solomon L. Kaye for conversion. Judgment was rendered for plaintiff, and defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
Defendant obtained possession of the chattel in suit as purchaser upon a sale under foreclosure of a chattel mortgage, and his defense to this action rests upon the title of his vendors, the mortgagees. Plaintiff sold and delivered the chattel to one Magnus, the sale being conditional upon the payment of the pur*182chase price, title to remain in the vendor meanwhile; those terms being expressed in a bill of sale, which was never placed upon record. Magnus subsequently mortgaged this chattel to Hartman, Goldsmith & Co., as security for the payment of certain promissory notes held by that firm;…
2Cases cited4 opinions
- Gregory v. ThomasNew York Supreme Court · 1838
- Traders' National Bank v. ParkerNew York Court of Appeals · 1892
- Fay v. MuhlkerNew York Court of Common Pleas · 1892
- Union Dime Savings Institution v. . DuryeaNew York Court of Appeals · 1876
3Cited by8 opinions
- Davis v. . BlissNew York Court of Appeals · 1907
- Duffus v. Howard Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
- Kommel v. Herb-Gner Construction Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Carter, Rice & Co. v. HowardAppellate Terms of the Supreme Court of New York · 1896
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