Markett v. Gemke , 159 N.Y.S. 1127 ( 1916 )

Judgment of Supreme Court and judgment of City Court reversed, with costs to appellant to abide event, and a new trial granted to be had in Buffalo City Court on the 8th day of J une, 1916, at 10 A. M. Held, that while the plaintiff, if acting in good faith, under the danger clause in the mortgage, had the right to take possession of the property and sell the same, that question was one of fact and should have been submitted to the jury. All concurred.