Appellate Division of the Supreme Court of New York, 1947

Welch v. Spivak

Welch v. Spivak
Appellate Division of the Supreme Court of New York · Decided May 7, 1947
272 A.D.2d 845
Welch v. Spivak

Opinion of the Court

The evidence sufficiently estab*846lished that plaintiffs had a valid chattel mortgage lien upon the six cows purchased from the mortgagor and that defendant had constructive notice of plaintiffs’ lien when he purchased and slaughtered them. Thereafter, when, due to the mortgagor’s default, plaintiffs became entitled to possession of the cows, defendant’s assertion of title and refusal to pay plaintiffs’ damages, after demand, rendered defendant liable in conversion. Judgment affirmed, with costs. All concur.

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