Legal Opinion

Danches v. Pariser

Appellate Terms of the Supreme Court of New York

Decided February 13, 1914Published

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Joseph Danches and another, partners as Danches & Gold, against Joseph Pariser. From a judgment for plaintiffs, defendant appeals. Reversed, and new trial ordered. Argued January term, 1914, before LEHMAN, PAGE, and BI-JUR, JJ.

1Opinion of the CourtLehman, J.

The plaintiffs have brought a replevin action for the possession of certain chattels. In the complaint they allege that they had given a chattel mortgage for $170 on this property to the defendant, and had tendered to the defendant this amount. The trial justice rendered judgment in favor of the plaintiffs, awarding them possession of the chattels, or their value, and the costs of the action, and further adjudging:

“That the defendant have a lien on the said boxes and bottles for the sum of $170, which was duly tendered to the defendant by the plaintiffs prior to the commencement of this…

2Cases cited2 opinions

  1. Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
  2. Krulder v. HillmanNew York Supreme Court · 1907

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