Bloomingdale v. Braun
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiffs from a judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, rendered in favor of the defendant. The judgment as first entered dismissed the complaint without prejudice to a new action. As finally entered it “ Ordered the marshal to return chattels seized to the defendant.”
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Appeal by the plaintiffs from a judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, rendered in favor of the defendant. The judgment as first entered dismissed the complaint without prejudice to a new action. As finally entered it “ Ordered the marshal to return chattels seized to the defendant.” A special form of order or judgment was also signed ordering that the marshal, “ executing the said warrant of seizure herein, return the said chattels aforesaid to the- defendant herein, upon service upon him of a certified copy of this order. ’ ’
1Opinion of the CourtGuy, J.
This is an action to foreclose a lien on a chattel. On February 25, 1908, the defendant purchased a piano under a contract of conditional sale for two hundred and sixty dollars on .payment of five dollars in cash and one dollar each week thereafter. All payments must be made at cashier’s office of Bloomingdale Brothers or at sender’s risk by registered mail to Bloomingdale Brothers. Default is alleged to have occurred on June 21,1912, leaving a balance of seventy-six dollars due. A demand for the balance of the account was made on October 11,1912, part payment was promised by the defendant,…
2Cases cited7 opinions
- McMullen v. . RaffertyNew York Court of Appeals · 1882
- Olmstead v. . LatimerNew York Court of Appeals · 1899
- Hutchings v. . MungerNew York Court of Appeals · 1869
- Tweedie v. ClarkAppellate Division of the Supreme Court of the State of New York · 1906
- Repelow v. WalshAppellate Division of the Supreme Court of the State of New York · 1904
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