Markett v. Gemke

Appellate Division of the Supreme Court of New York

Markett v. Gemke

173 A.D. 1004, 159 N.Y.S. 1127

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

DecidedMay 15, 1916

StatusPublished

This text of 173 A.D. 1004 (Markett v. Gemke) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Markett v. Gemke, 173 A.D. 1004, 159 N.Y.S. 1127 (N.Y. Ct. App. 1916).

Pincite

Opinion

Judgment of Supreme Court and judgment of City Court reversed, with costs to appellant to abide event, and a new trial granted to be had in Buffalo City Court on the 8th day of J une, 1916, at 10 A. M. Held, that while the plaintiff, if acting in good faith, under the danger clause in the mortgage, had the right to take possession of the property and sell the same, that question was one of fact and should have been submitted to the jury. All concurred.

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Judgment of Supreme Court and judgment of City Court reversed, with costs to appellant to abide event, and a new trial granted to be had in Buffalo City Court on the 8th day of J une, 1916, at 10 A. M. Held, that while the plaintiff, if acting in good faith, under the danger clause in the mortgage, had the right to take possession of the property and sell the same, that question was one of fact and should have been submitted to the jury. All concurred.

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Bluebook (online)

173 A.D. 1004, 159 N.Y.S. 1127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/markett-v-gemke-nyappdiv-1916.