Bernheimer v. Hartmayer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Simon E. Bernheimer and another, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 25tli day of November, 1899, upon the decision of the' court, rendered after a trial at the New York Special Term, overruling their demurrer to the counterclaims contained in the defendant’s answer.
1Opinion of the Court
McLaughlin, J.:
This was an action of replevin. The complaint charged that the plaintiffs on or about the 5th day of May, 1899, were the owners and entitled to the immediate possession of certain personal property, ivliich the defendant then wrongfully took, and has since wrongfully and unlawfully withheld from the plaintiffs, notwithstanding a demand duly made therefor.
The answer, after alleging that the defendant, prior to the commencement of the action, had offered to deliver the property mentioned to the plaintiffs, ppon/payment by them of a certain sum alleged to be due for -storage, set…
2Cases cited2 opinions
- Schaefer v. Empire Lithographing Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Witty v. . CampbellNew York Court of Appeals · 1871
3Cited by13 opinions
- Adams v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1910
- Van v. MaddenAppellate Division of the Supreme Court of the State of New York · 1909
- Haynes v. BlackwellSupreme Court of Georgia · 1974
- Scognamillo v. PassarelliAppellate Division of the Supreme Court of the State of New York · 1913
- Perimeter Development Corp. v. HaynesSupreme Court of Georgia · 1975
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