Fairbanks v. Nichols
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fréd Fairbanks, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 24th day of June, 1909, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Laughlin, J.:
This action is based on the provisions of section 116 of the Lien Law (Laws of 1897, chap. 418),- as amended by chapter 762 of the Laws of 1900, and is brought to recover payments made by the plaintiff on account, as he alleges, of the purchase price of a certain hansom cab and harness which the defendants retook on account of the plaintiff’s failure to make payments as agreed upon, and thereafter failed to sell within the time and as provided in the statute.
On the 7th day of May, 1902, the plaintiff executed an instrument in writing, under his hand and seal, and delivered the…
2Cases cited3 opinions
- Clark v. . WestNew York Court of Appeals · 1908
- Warner v. ZuechelAppellate Division of the Supreme Court of the State of New York · 1897
- Woodman v. Needham Piano & Organ Co.Appellate Terms of the Supreme Court of New York · 1905
3Cited by9 opinions
- Seeley v. Prentiss Tool & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Hurley v. Allman Gas Engine & Machine Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Breakstone v. Buffalo Foundry & Machine Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Fisher v. Stewart Motor Corp.New York City Court · 1928
- Plumiera v. BrickaNew York Supreme Court · 1913
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