Opinion
May 4, 1949.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Santry, JJ.
Plaintiff, owner of a chattel mortgage on four automobiles, given by a third party, sued defendant in conversion as to one of them. It had previously foreclosed and disposed of the three others. Defendant answered by claiming title to all four of the automobiles and counterclaimed against the plaintiff in conversion as to the three of them which it had foreclosed. The mortgagor was a firm of used car dealers. When it gave the mortgage it had possession of the chattels but defendant possessed the evidences of their ownership which showed title in him and his proof disclosed he held title as security for an obligation of the mortgagor. Plaintiff's chattel mortgage was duly filed. Appellant's contention is that its motion for a directed verdict in its favor should have been granted. At the close of the proofs an issue of fact was presented as to whether plaintiff was a mortgagee in good faith so as to be entitled to the advantage afforded by the due and timely filing of its mortgage. There were no exceptions to the charge of the trial court which, as supplemented by the granted requests to charge, correctly stated the law applicable to the tendered issue. Plaintiff appeals from a judgment entered upon the verdict of a jury in defendant's favor. There was sufficient evidence to support the verdict. Judgment and order unanimously affirmed, with costs.