Legal Opinion

Agulnick v. Rauch

Appellate Terms of the Supreme Court of New York

Decided June 18, 1914Published

Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Sam Agulnick against Fred Rauch. From- a judgment for defendant, after a trial by the court without a jury, plaintiff appeals.

1Per curiam

The defendant did not demand judgment for the return of the chattels in his answer. Mun. Ct. Act, § 123. Therefore the court was without power to grant judgment in his favor for a return of the chattels, or in default thereof judgment for the value of the chattels against the plaintiff. Beck v. Schneider, 84 Misc. Rep. 23, 145 N. Y. Supp. 1046.

The judgment will therefore be modified, by striking therefrom those provisions, and, as modified, affirmed, without costs to either party of this appeal.

2Cases cited1 opinion

  1. Beck v. SchneiderAppellate Terms of the Supreme Court of New York · 1914