Alexander v. Kellner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary H. Alexander, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 3d day of J une, 1908, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the New York Trial Term.
1Opinion of the Court
Houghton, J.:
The plaintiff purchased a quantity of household furniture from the defendants to be paid for in installments of ninety dollars per month, which payments wei'e subsequently reduced to fifty dollars per month. The furniture was delivered and the plaintiff testifies that her bargain with the defendants was that title should remain in the defendants until full payment of the purchase price had been made.
The defendants are copartners and plaintiff’s purchase was made through one of them, the defendant Henry B. Kellner. After plaintiff had made various payments to the defendants,…
2Cases cited1 opinion
- Tompkins v. . Fonda Glove Lining Co.New York Court of Appeals · 1907
3Cited by1 opinion
- Mott v. MoldenhauerAppellate Division of the Supreme Court of the State of New York · 1941