Kindelberger v. Kunow
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fred D. Kunow, from a judgment of the Supreme.Court in favor of the plaintiff, entered in the office: of the clerk of the county of Tates on the 6th day of June, 1907, upon the verdict of a jury rendered by direction of the court, and also from ail order entered in said clerk’s office on the 29tli day of May, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, J.:
This controversy is over twenty sheep. The plaintiff made a conditional bill of sale of the sheep to the defendant, retaining the title until the purchase price of $172.25 was paid. On- the day that -the *159purchase price became due the plaintiff demanded the possession of the sheep, the purchase price not having been paid in full.
There is no question .that the plaintiff was entitled to the possession of the sheep, and had the right to sell them under the provisions of the statute* relating-to conditional sales, if the defendant was in default in paying for them. It is contended on…
2Cases cited1 opinion
- Murr v. Western Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Schnitzer v. Fruehauf Trailer Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Nevada Motor Co. v. BreamNevada Supreme Court · 1928
- Macumber v. Detroit Cadillac Motor Car Co.Appellate Division of the Supreme Court of the State of New York · 1916