Cahill v. Wissner
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, second district, rendered February 27, 1917, in favor of the plaintiff.
1Dissent
Benedict, J. (dissenting).
I find myself unable to concur with my associates in this case. It seems to me that the court below was without jurisdiction to entertain the present action, because by section 181 the Municipal Court Code was declared not to be retroactive. If I understand the reasoning of the prevailing opinion, it is in substance as follows: that the cause of action for damages accrued in favor of the vendee on August 7, 1913,— the time when the goods were seized by the vendor — and that then postponing, according to her undoubted right, any action for damages, the plaintiff’s…
2Cases cited6 opinions
- Livingston v. . LivingstonNew York Court of Appeals · 1903
- Gilman v. . TuckerNew York Court of Appeals · 1891
- Burch v. . NewburyNew York Court of Appeals · 1852
- Germania Savings Bank v. Village of Suspension BridgeNew York Court of Appeals · 1899
- Greene v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 1900
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