Nordone v. F. C. Austin Drainage Excavator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, F. C. Austin Drainage Excavator Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 10th day of January, 1918, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 2d day of February, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
The defendant sold the plaintiff a trenching machine and the latter has recovered the amount paid thereon, with some sums advanced for defendant’s use, upon the theory that it was a conditional sale, and that the defendant upon retaking did not observe the Personal Property Law (Consol. Laws, chap. 41 [Laws of 1909, chap. 45], § 65 et seq.) in selling it. It is the defendant’s contention that the property was seized and *310sold under a chattel mortgage given by the vendee, to which plaintiff responds that the decision in this State is, that it is against public policy to allow a…
2Cases cited3 opinions
- Roach v. . CurtisNew York Court of Appeals · 1908
- Crowe v. . Liquid Carbonic Co.New York Court of Appeals · 1913
- Tweedie v. ClarkAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by9 opinions
- Premier & Potter Printing Press Co. v. FullerCourt of Appeals for the Second Circuit · 1923
- Grossman v. WeissNew York Supreme Court · 1927
- Waverly, Sayre & Athens Transp. Co. v. General Motors Truck Co.District Court, M.D. Pennsylvania · 1940
- J. B. Van Derveer & Son, Inc. v. CanzonoAppellate Division of the Supreme Court of the State of New York · 1923
- Fisher v. Stewart Motor Corp.New York City Court · 1928
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