Legal Opinion

Mendel v. Herling

Appellate Terms of the Supreme Court of New York

Decided May 7, 1909Published

Appeal from Municipal Court, Borough of Manhattan, Second- District. Action by Max Mendel and another against Elizabeth Herling, as administratrix of the estate of John Herling, Jr., deceased. From a Municipal Court judgment for defendant on a counterclaim, plaintiffs appeal.

1Per curiam

This is an action in replevin. Plaintiffs boarded their horses in defendant’s stable, where they had an account. Upon desiring to move t'o another stable, defendant refused to deliver up the-property, although plaintiffs alleged that, they tendered the full amount of the bill due. Defendant now claims a greater amount than that tendered. Plaintiffs recovered possession of the chattels, and upon the trial of this action the justice rendered judgment in favor of the defendant for $239.

Although the amount is warranted by the evidence, the judgment is not in the form required by section 123 of…

2Cases cited1 opinion

  1. Dunn v. FieldAppellate Terms of the Supreme Court of New York · 1908

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