Fishel v. Hamilton Storage Warehouse Co.
Appellate Terms of the Supreme Court of New York
Appeal' from Municipal Court, Borough of Manhattan, Seventh District. Action by George M. Fishel against the Hamilton Storage Warehouse Company. From a judgment of the Municipal Court for plaintiff, defendant appeals. Reversed.
1Opinion of the CourtGildersleeve, J.
The pleadings are oral. The action is for the foreclosure of a lien on chattels. The answer is a general denial. The defendant, being engaged in the storage business, received the chattels in question into its warehouse, and now attacks the judgment upon the ground that there is a defect of parties defendant, in not joining the mortgagor, and that the plaintiff had no remedy against defendant. The question of defendant’s lien for storage has not arisen on this appeal. The defendant did not claim upon the trial any lien prior to that of the plaintiff. The chattels were sold by plaintiff to one…
2Cited by2 opinions
- Bauman v. KuhnAppellate Terms of the Supreme Court of New York · 1908
- Dorfman v. WeilerAppellate Terms of the Supreme Court of New York · 1904