Crocker-Wheeler Co. v. Genesee Recreation Co.

Headnote

Crocker-Wheeler Co. v. Genesee Recreation Co., 162 App. Div. 934 , modified.

Appeal from a judgment entered April 7, 1914, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a new trial and reinstated said verdict. The relief sought was the recovery of three generators sold on conditional sales contract by plaintiff to the James McDonnell Company and subsequently transferred to the defendant. Defendant’s amended answer set up as a defense that plaintiff failed to file its conditional sales contract; that the defendant was a bona fide purchaser for value without notice; that the generators became a part of the realty subject to the lien of a mortgage which at the time existed upon the premises and that by foreclosure of the mortgage and a sale thereunder and subsequent sales the real estate and the generators passed to the defendant.