Legal Opinion

Altmark v. Gelfand

Appellate Terms of the Supreme Court of New York

Decided January 25, 1912Published

Appeal from Municipal Court, Borough of Manhattan, First District. Action by Charles Altmarlc and another against Samuel Gelfand. From a judgment for defendant, plaintiffs appeal.

1Per curiam

The plaintiffs brought an action for replevin. The answer sets up as a defense and counterclaim that the defendant had a lien upon the goods in suit for services rendered in manufacturing the goods to the amount of $352.58, and asked that the com*444plaint be dismissed, with costs, and that the defendant have judgment upon his counterclaim.

[1, 2] The trial justice gave judgment for the defendant for the sum of $352.58, with interest, but failed to give a judgment for either party_ awarding possession of the goods. All the issues raised by the pleadings and the proof should be decided at the…

2Cases cited1 opinion

  1. Bellock v. WeitzerAppellate Division of the Supreme Court of the State of New York · 1911

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