Oppenheimer v. Moore
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Abram Oppenheimer, from a judgment of the County Court of Westchester county in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 6th day of April, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of April, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, P. J.:
The only question which we feel called upon to discuss in determining this appeal is whether it is incumbent upon the mortgagee of a chattel mortgage who takes possession of the property under the danger or insecurity clause to prove that he acted in good faith where that tact is at issue. The ether questions presented by the *302appellant’s brief were either not raised upon the trial in any form or the exceptions are deemed insufficient to justify a reversal.
The defendants executed to the plaintiff on August 17, 1903, a mortgage for $1,210 on a number of cows, the mortgage to…
2Cases cited3 opinions
- Hawver v. . BellNew York Court of Appeals · 1894
- Hyer v. SuttonNew York Supreme Court · 1891
- Champagne v. Powell Medicine Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Boak v. BrewerNew York Supreme Court · 1957
- Holliday v. McGrawNew York Supreme Court · 1919
- Gorham Construction Co. v. WoolmanAppellate Terms of the Supreme Court of New York · 1920
- Mitchell v. DaneAppellate Terms of the Supreme Court of New York · 1911