66 Barb. 495 | N.Y. Sup. Ct. | 1873
By the Court,
The defendant in this case made a motion, on his case, for a new trial, at the Monroe Special Term, which motion was denied. From the order denying that motion no appeal has been taken. The appeal is from the judgment alone; consequently we can only consider the exceptions. The action was for the conversion of a canal boat.
The defendants were boat builders and repairers, and the boat had been delivered to them to repair, by one
The only other exception arises on the charge. The defence set up by the defendants was a sale of the boat upon a chattel mortgage given by Matthew Yandenbergh to one Gilley. Upon that branch of the case no exception was taken, and no question arises of which we can take cognizance on this appeal. The plaintiff, who purchased the boat of the said Yandenbergh, incidentally stated in his testimony that he gave Yandenbergh a mortgage on the boat to secure a part of the purchase money, which however was paid up before the commencement of this suit. The mortgage was not introduced in evidence, nor do its terms in any . way appear. The plaintiff took possession of the boat and was
The judgment must be affirmed.
Judgment affirmed.
Mullin, Talcott and E. D. Smith, Justices.]