Bender v. Appelbaum

Jenks, J.:

This is an action in the Municipal Court to recover a horse. The appeal is’ by the plaintiff from a judgment entered upon a decision in favor of the defendant. The plaintiff contends that the defendant is in possession of a horse, one of three, sold by the plaintiff to Mayers, who in part payment therefor executed to the-plaintiff a chattel mortgage upon the horses. The mortgage was duly recorded. The defendant contends that he bought this horse from Mayers previous to the sale of the three horses to Mayers by the plaintiff. The horse, sold by plaintiff to Mayers was described by…