Maccar Trucks, Inc. v. Gorenstein

Judgment unanimously reversed, upon the law, and new trial granted, with thirty dollars costs to defendant, appellant, to abide the event. The new trial is limited to the determination of the amount of defendant’s lien. The court below apparently believed the defendant’s claim that he had no knowledge of the sale of the truck by the plaintiff under its chattel mortgage, or of the seizure thereunder, and did not convert any of the personal property; and found that the plaintiff permitted the truck to be operated under the license and with the license plates and business name of the mortgagors,…