Gormully & Jeffery Manufacturing Co. v. Catharine
New York Supreme Court
Appeal from an order of the Municipal Court of the city of Mew York, borough of Brooklyn. The judgment vacated by the order appealed from was entered upon the defendant’s failure to appear. The action was for the value of a bicycle which had been delivered to the defendant by plaintiff under an installment lease (or conditional bill of sale), defendant having failed to complete his payments, and having also failed to deliver possession of the bicycle upon plaintiff’s demand.
1Opinion of the CourtGarretson, J.
This is an appeal by the plaintiff from an order dated July 29, 1898, made by Cornelius Ferguson, Esq., a justice of the Municipal Court of the city of Mew York, upon motion of the defendant vacating a judgment of said court for the second district of the borough of Brooklyn, entered on July 18, 1898j in favor of the plaintiff and against the defendant for the sum of $49.07 damages and costs, upon the default of the defendant to appear or plead.
We might, with propriety, reverse the order appealed from solely for noncompliance with the statute in that it does not recite and contain the grounds…
2Cases cited2 opinions
- Brewer v. FordNew York Supreme Court · 1889
- Brewer v. FordNew York Supreme Court · 1891
3Cited by4 opinions
- Stivers v. RittAppellate Terms of the Supreme Court of New York · 1899
- Murphy v. JolineAppellate Terms of the Supreme Court of New York · 1909
- Wolchock v. TombarelliAppellate Terms of the Supreme Court of New York · 1900
- Wolchock v. TombarelliAppellate Terms of the Supreme Court of New York · 1900