Raciti v. Pacific Finance Corp.

Appellate Division of the Supreme Court of New York

Raciti v. Pacific Finance Corp.

258 A.D. 897, 16 N.Y.S.2d 170, 1939 N.Y. App. Div. LEXIS 7484

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

DecidedDecember 4, 1939

StatusPublished

This text of 258 A.D. 897 (Raciti v. Pacific Finance Corp.) 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

Raciti v. Pacific Finance Corp., 258 A.D. 897, 16 N.Y.S.2d 170, 1939 N.Y. App. Div. LEXIS 7484 (N.Y. Ct. App. 1939).

Pincite

Opinion

The defendant repossessed an automobile covered, as it claims, by a chattel mortgage. Plaintiff brought suit for conversion and damages. From a judgment in favor of the plaintiff, defendant appeals. Judgment of the City Court of Yonkers reversed on the facts and a new trial ordered, with costs to the appellant to abide the event, upon the ground that the verdict is against the weight of the credible evidence. The sole question is as to the date of the purchase of the auto[898]*898mobile by the former owner, Hula. His testimony depended solely upon his recollection. The defendant produced documentary evidence to the contrary and it seems more likely to be correct than Hula’s unaided recollection. (Jackson v. Loomis, 12 Wend. 27, 29; Miller v. Cotten, 5 Ga. 341, 349.) Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur. -

Free access — add to your briefcase to read the full text and ask questions with AI

The defendant repossessed an automobile covered, as it claims, by a chattel mortgage. Plaintiff brought suit for conversion and damages. From a judgment in favor of the plaintiff, defendant appeals. Judgment of the City Court of Yonkers reversed on the facts and a new trial ordered, with costs to the appellant to abide the event, upon the ground that the verdict is against the weight of the credible evidence. The sole question is as to the date of the purchase of the auto[898]*898mobile by the former owner, Hula. His testimony depended solely upon his recollection. The defendant produced documentary evidence to the contrary and it seems more likely to be correct than Hula’s unaided recollection. (Jackson v. Loomis, 12 Wend. 27, 29; Miller v. Cotten, 5 Ga. 341, 349.) Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur. -

Cite This Page — Counsel Stack

Bluebook (online)

258 A.D. 897, 16 N.Y.S.2d 170, 1939 N.Y. App. Div. LEXIS 7484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raciti-v-pacific-finance-corp-nyappdiv-1939.

Opinion

Related

Cite This Page — Counsel Stack