Legal Opinion

Donovan v. Stuber

Appellate Division of the Supreme Court of the State of New York

Decided January 8, 1909PublishedCited by 1 opinion

Appeal by-the defendant, Arthur Stuber, one of the city marshals of -the city of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 25th day of May, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of May, 1908, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Woodward, J.:

John S. ahd Mamie Donovan, on the 10th day of July, 1907, gave a chattel mortgage on certain horses, harnesses, etc., then owned by them, to one Valentine Wachtel. The latter discounted the notes taken in connection with such chattel mortgage at the North Side Bank, and delivered the chattel mortgage as security therefor. Subsequently the Donovans defaulted, whereupon the North -Side Bank seized possession of the chattels, and Fulmoth Donovan & Son, the plaintiffs in this action, purchased the notes and mortgage from the bank, which delivered the chattels to the plaintiffs. On…

2Cases cited1 opinion

  1. Sheridan v. . JacksonNew York Court of Appeals · 1878

3Cited by1 opinion

  1. In re NobleDistrict Court, W.D. New York · 1937

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