Legal Opinion

Leonard v. Harris

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1911PublishedCited by 4 opinions

Appeal by the defendant, Caroline Harris, from a judgment of the County Court of Albany county in favor of the plaintiff, entered in the office of the clerk of said county on the 28th day of June, 1911, affirming a judgment of the City-Court of the city of Albany in favor of the^ plaintiff entered in the office of. the clerk of said City Court on the 16th day of December, 1910. , f • ' The action was brought to recover a piano sold by the plañir tiff to Mrs. Mann.

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Appeal by the defendant, Caroline Harris, from a judgment of the County Court of Albany county in favor of the plaintiff, entered in the office of the clerk of said county on the 28th day of June, 1911, affirming a judgment of the City-Court of the city of Albany in favor of the^ plaintiff entered in the office of. the clerk of said City Court on the 16th day of December, 1910. , f • ' The action was brought to recover a piano sold by the plañir tiff to Mrs. Mann. The sale took place April' 30, 1895. The parties traded pianos and •- Mrs. Mann gave a note- for the difference in value, $225,…

1Opinion of the Court

Kellogg, J.:

At the time the piano was sold the transaction was governed by chapter 315 of the Laws, of 1884, as amended by chapter 488 of the Laws of 1885 and chapter 420 of the Laws of 1894, which substantially provided that a conditional sale of property should be void as against subsequent purchasers and mortgagees in good faith unless the contract or a copy of it was filed in the office of the town or county clerk, but that such requirement should not apply to household goods, pianos and other specified articles, provided the contract was executed in duplicate, and one duplicate was…

2Cases cited4 opinions

  1. Waters Co. v. . GerardNew York Court of Appeals · 1907
  2. David Stevenson Brewing Co. v. Eastern Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897
  3. Stevenson Brewing Company v. . Eastern Brewing CompanyNew York Court of Appeals · 1901
  4. Vincinguerra v. Fagan, New York County Courts1907

3Cited by4 opinions

  1. Board of Education of Central School District No. 1 v. MilesNew York Court of Appeals · 1965
  2. Board of Education of Central School District No. 1 v. MilesAppellate Division of the Supreme Court of the State of New York · 1963
  3. Diamond Trailer Sales Co. v. MunozNew Mexico Supreme Court · 1963
  4. Van Laar v. MarchesiniCity of New York Municipal Court · 1919

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