Opinion
March 20, 1952.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Joseph Lesley has appealed from an order of the Schoharie Trial and Special Term of the Supreme Court denying his motion for dismissal of the amended complaint. The amended complaint alleges that plaintiff was a holder of a chattel mortgage upon 1,000 sexlink pullets executed by the defendants Scofield as security for the payment of a demand note in the sum of $3,000. Subsequently to the execution and filing of the chattel mortgage the defendants sold pullets to the defendant Lesley who butchered them and put them on the market for consumption. Thereafter, defendants Scofield defaulted in the payments required to be made upon the note and mortgage and this action is brought to recover damages for the destruction of plaintiff's property. The complaint alleges facts which clearly indicate that plaintiff's rights have been invaded by the acts of appellant. Order unanimously affirmed, with $10 costs.