Steele v. Benham

28 N.Y. Sup. Ct. 411

Opinion

Judgment and order affirmed. Held, that the assignment and the delivery of the notes transferred the debt as well as the mortgage ; that upon the evidence it was proper to submit to the jury the question of the change of possession and the good faith of the mortgage; that the defendant, having converted the property, was liable to the plaintiff, notwithstanding the previous levy made by the constable; that the motive of the plaintiff in taking an assignment of the mortgage was immaterial, and.that some of the exceptions argued on the part of the appellant were well taken.