Conti v. Henkel

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered November 10, 1976 in Montgomery County, upon a decision of the court at a Special Term, without a jury. This action was commenced by plaintiff to recover a chattel, to wit, a 1971 Lincoln automobile. Although the facts were in dispute the court concluded that, contrary to defendant’s contention, there was never any gift of the Lincoln by plaintiff to defendant. The court found that plaintiff had sustained his burden of proving his superior right to the possession of the automobile. Due to the fact that defendant was no…