Legal Opinion

Iden v. Sommers

The Superior Court of New York City

Decided May 2, 1892Published

Appeal by defendant from a judgment entered for the plaintiff, upon a verdict directed by the court, and from an order denying defendant’s motion for a new trial. The following opinion, upon which the judgment and order appealed from were affirmed, was filed by the trial judge on his denial of defendant’s motion for a new trial.

1Opinion of the CourtMcAdam, J.

“ Theproperty consisting of ‘ gas fixtures was leased by the plaintiff to Woolf on the conditional sale and installment plan, title to remain in plaintiff until the fixtures were paid for. While the property was in the possession of Woolf he mortgaged the property to the defendant, who subsequently foreclosed his mortgage and disposed of the fixtures, thereby making himself liable to the plaintiff in trover as for conversion. Lempke v. Peterson, 1 City Ct. R., 15. The defence is that the defendant had no knowledge of the conditional agreement under which Woolf held the property, and that the…

Also in this document: Per curiam.

2Cases cited7 opinions

In Re the Final Accounting of FrazerNew York Court of Appeals · 1883
McKeage v. . Hanover Fire Insurance Co.New York Court of Appeals · 1880
Bell's Administratrix v. GoldingIndiana Supreme Court · 1866
Shaw v. LenkeNew York Court of Common Pleas · 1865
Lawrence v. KempThe Superior Court of New York City · 1852

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