Geneva Production Credit Ass'n v. C. S. Mead & Co.

248 A.D. 940, 290 N.Y.S. 445, 1936 N.Y. App. Div. LEXIS 8127

Opinion

Judgment reversed on the law and new trial granted, with costs to the appellant to abide the event. Memorandum: We find in the complaint allegations which afford a proper basis for proof by plaintiff mortgagee that defendant converted the mortgaged crop at a time when, under the acceleration clause of the mortgage, plaintiff had a right to the possession thereof and, by protest and demand, had asserted such right. The infringement of a right to possession may constitute conversion. (Pierpoint v. Hoyt, 260 N. Y. 26, 29.) All concur. (The judgment dismisses the complaint on a motion in an action for damages for conversion.) Present — Sears, P. J., Edgcomb, Thompson, Crosby and Lewis, JJ.