Herbert v. Humphreys
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of Mew York, third district, borough of Manhattan, in favor of the defendant, impleaded, in an action of replevin awarding possession of the chattel or $200 damages.
1Opinion of the CourtBijur, J.
Defendant, in February, 1903, being in arrears for rent of plaintiff’s piano, purchased it for one hundred dollars payable at the rate of six dollars per month. She made occasional payments on account of this purchase, aggregating twenty-three dollars up to. December, 1903.
All the circumstances surrounding the salé indicate that it was intended to be merely conditional. Costello v. Herbst, 16 Misc. Rep. 687, affd., 18 id. 176; Smith v. Lynes, 5 N. Y. 41.
Section 139 of the Municipal Court Act does not forbid the entertainment of an action in replevin on this contract; because the inhibition is…
2Cases cited2 opinions
- Smith v. . LynesNew York Court of Appeals · 1851
- Costello v. HerbstCity of New York Municipal Court · 1896