McLain v. Mathushek Piano Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Gr. McLain, an infant, by Mary J. McLain, his guardian ad litem, from an order of the Supreme-Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 4th day of June, 1900, amending the judgment entered in the action by striking -out the-provision therein allowing the plaintiff thirty-five dollars costs.
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Appeal by the plaintiff, John Gr. McLain, an infant, by Mary J. McLain, his guardian ad litem, from an order of the Supreme-Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 4th day of June, 1900, amending the judgment entered in the action by striking -out the-provision therein allowing the plaintiff thirty-five dollars costs. The verdict rendered in the action did not award the plaintiff possession of the chattel in question or fix the value thereof.
1Opinion of the Court
Woodward, J.:
The plaintiff, by his guardian ad litem, brought this action for the recovery of the possession of a certain organ or its value, together with damages for its detention. The complaint, aside from the formal averments, stated that the plaintiff and defendant entered into an agreement by which the former purchased a piano of the defendant, and in part payment delivered the organ now in suit. Afterward the plaintiff elected to rescind the contract, and returned the piano to the defendant, demanding the return of the organ. The defendant refused or neglected to return the organ, and…
2Cases cited2 opinions
- Hammond v. . MorganNew York Court of Appeals · 1886
- Conklin v. McCauleyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by6 opinions
- Satterwhite v. Harriman Nat. Bank & Trust Co.District Court, S.D. New York · 1935
- Hitchcock v. WimplebergAppellate Division of the Supreme Court of the State of New York · 1905
- Hitchcock v. WimplebergNew York Supreme Court · 1904
- Hitchcock v. WimplebergAppellate Division of the Supreme Court of the State of New York · 1905
- Hitchcock v. WimplebergAppellate Division of the Supreme Court of the State of New York · 1905
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