Diamond v. Rosenblatt
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, rendered in favor of the plaintiff for seventy-two dollars and costs.
1Opinion of the CourtPage, J.
The plaintiff proved that he sold a show case valued at sixty dollars to one Henry Pols and received in payment a conditional bill of sale whereby title was to remain in the vendor until full payment of the purchase price; it was also proved that the purchase price was never paid.
The defendant was the holder of a chattel mortgage on the fixtures of the said Henry Pols, and upon default in his mortgage sold all of the fixtures, including the show case in question, and applied the proceeds upon his debt. The plaintiff brought this action against the defendant in conversion on the ground that *58he…
2Cases cited1 opinion
- Ginzburg v. De SilvestreNew York Supreme Court · 1904
3Cited by1 opinion
- Toro v. HornAppellate Terms of the Supreme Court of New York · 1915