Goodwin v. Bayerle
Appellate Terms of the Supreme Court of New York
' Appeal by the defendant William Gubner ' from a judgment of the justice of the Third District Court, in favor of the plaintiff for the possession of personal property. ' The complaint was dismissed against the defendant Elizabeth Bayerle, administratrix of Henry Keller, deceased, btit no appeal is taken by the plaintiff from such dismissal.
1Opinion of the CourtDaly, P. J.
The plaintiff has recovered judgment against one of the defendants, William Gubner, for the possession of a horse, wagon and harness, which were mortgaged to the plaintiff by Patrick Carlin on February 1, 1896. The defendant, a livery-stable keeper, was the bailee of Mrs. Bayerle, the administratrix of Henry Keller, a prior mortgagee from Carlin, whose mortgage had' not been filed; and the issue in the case- was whether the plaintiff was a subsequent mortgagee in good faith at the time he took the second mortgage. If he were, then the unfiled mortgage was void as to him, and the judgment was…
2Cases cited1 opinion
- Mack v. . PhelanNew York Court of Appeals · 1883
3Cited by2 opinions
- Orden v. MorrisAppellate Terms of the Supreme Court of New York · 1897
- Volckers v. SturkeAppellate Terms of the Supreme Court of New York · 1896