Crocker-Wheeler Co. v. Genesee Recreation Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, the Crocker-Wheeler Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, a nonsuit having been granted at the close of plaintiff’s case on a trial at the Monroe Trial Term in April, 1910.
1Opinion of the Court
Kruse, J.:
The plaintiff claims to own and seeks to recover of the defendant three electric generators, which were furnished and delivered by the plaintiff to the James McDonell Company under a contract of conditional sale containing the provision that the title should remain in the plaintiff and not pass to the purchaser until fully paid for in cash. The purchase price was $1,990, two-thirds of which remains unpaid.
The contract is in writing, but was not tiled as required by the statute relating to conditional sales to make that provision of the contract effective as against subsequent…
2Cases cited7 opinions
- Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
- Stevens v. . BrennanNew York Court of Appeals · 1879
- Duffus v. Howard Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Duntz v. Granger Brewing Co.New York Supreme Court · 1903
- Graves Elevator Co. v. CallananAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by5 opinions
- Breakstone v. Buffalo Foundry & Machine Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Crocker-Wheeler Co. v. Genesee Recreation Co.Appellate Division of the Supreme Court of the State of New York · 1914
- In re White's Express Co.Court of Appeals for the Second Circuit · 1914
- Breakstone v. Buffalo Foundry & Machine Co.New York Supreme Court · 1913
- Crocker-Wheeler Co. v. Genesee Recreation Co.New York Supreme Court · 1911