Fishel v. Hamilton Storage Warehouse Co.
New York Supreme Court
Appeal from a judgment of the Municipal Court of the city of Mew York, seventh district, borough of Manhattan, in favor of the plaintiff.
1Opinion of the CourtGildebsleeve, 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 chattel 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 the defendant.
The question of the 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 the…
2Cited by3 opinions
- Hazlett v. Hamilton Storage & Warehouse Co.Appellate Terms of the Supreme Court of New York · 1905
- Bauman v. KuhnNew York Supreme Court · 1908
- Bauman v. KuhnAppellate Terms of the Supreme Court of New York · 1908