Welch v. Spivak

Appellate Division of the Supreme Court of New York

Welch v. Spivak

272 A.D.2d 845

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

DecidedMay 7, 1947

StatusPublished

This text of 272 A.D.2d 845 (Welch v. Spivak) 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

Welch v. Spivak, 272 A.D.2d 845 (N.Y. Ct. App. 1947).

Pincite

Opinion

The evidence sufficiently estab[846]*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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The evidence sufficiently estab[846]*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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Bluebook (online)

272 A.D.2d 845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welch-v-spivak-nyappdiv-1947.