Barasch v. Kramer
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the Municipal Court of the city of ¡New York, second district, borough of Manhattan, in favor of the plaintiff, rendered after a trial by the court without a jury.
1Dissent
Ford, J. (dissenting).
The plaintiff was obliged to prove that the title to which Mrs. Weinfeld voluntarily yielded was paramount to that acquired by him from the defendant and by Mrs. Weinfeld from him. Bordwell v. Collie, 45 N. Y. 494.
Plaintiff has put in evidence a contract between the Hnion Granite Company and Mrs. Kurzynsky showing title to the tubs in question in said company. It was conceded that said contract was executed in duplicate and that one duplicate was delivered to the purchaser. Said contract was dated February 28, 1903, and, under section 115 of the Lien Law, as it stood…
2Cases cited4 opinions
- Bordwell v. . CollieNew York Court of Appeals · 1871
- Kerby v. ClappAppellate Division of the Supreme Court of the State of New York · 1897
- Baldinger v. LevineAppellate Division of the Supreme Court of the State of New York · 1903
- Ryan v. WollowitzAppellate Terms of the Supreme Court of New York · 1898