Legal Opinion

Barnett v. Walker

New York Supreme Court

Decided November 15, 1902PublishedCited by 5 opinions

Ajppeal by plaintiff from judgment of the Municipal Court of the city of New York, seventh district, borough of Manhattan, in favor of the defendant, for the possession of a sewing machine, etc., and for the costs of the action.

1Opinion of the CourtFreedman, P. J.

This action was brought to recover the possession of a sewing machine detained by defendant, a boardinghouse keeper, under a claim of lien thereon for the amount of an unpaid board bill incurred by one Barnes. The said sewing machine was originally the property of one Eiske, plaintiff’s assignor, who leased the same to Barnes under a written agreement, of which Barnes received a duplicate copy. Under that agreement, whether it be treated as a lease or a contract of conditional sale, the title remained in Eiske until full payment of the purchase price. By the subsequent default of and demand…

2Cases cited5 opinions

  1. Everett v. CoffinNew York Supreme Court · 1831
  2. Ely v. . EhleNew York Court of Appeals · 1850
  3. Wyckoff v. Southern Hotel Co.Missouri Court of Appeals · 1887
  4. Cochrane v. SchryverNew York Court of Common Pleas · 1883
  5. Milligan v. Brooklyn Warehouse & Storage Co.New York Supreme Court · 1901

3Cited by5 opinions

  1. Shearman v. Iroquois Hotel & Apartment Co.New York Supreme Court · 1903
  2. Matthews v. Victor Hotel Co.Appellate Terms of the Supreme Court of New York · 1911
  3. Shearman v. Iroquois Hotel & Apartment Co.Appellate Terms of the Supreme Court of New York · 1903
  4. Van Laar v. MarchesiniCity of New York Municipal Court · 1919
  5. Horace Waters & Co. v. GerardAppellate Division of the Supreme Court of the State of New York · 1905

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