National Cash Register Co. v. Daly
Supreme Court of New Jersey
On appeal. Matthew Daly, the appellant, bought from one Wickham a cash register, for the recovery of the possession of which the National Cash Eegisfer Company (here the appellee) brought replevin and showed title tinder a lease to Wickham for nine months for $135, which Wickham was to pay in nine monthly installments, and also to give as security his note for $135 and also to deposit in cash with the appellee $15. At the end of the nine months Wickham was to surrender the…
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On appeal. Matthew Daly, the appellant, bought from one Wickham a cash register, for the recovery of the possession of which the National Cash Eegisfer Company (here the appellee) brought replevin and showed title tinder a lease to Wickham for nine months for $135, which Wickham was to pay in nine monthly installments, and also to give as security his note for $135 and also to deposit in cash with the appellee $15. At the end of the nine months Wickham was to surrender the register ancl either get hack his $15 deposit or, at his option, purchase the register for the $15 so deposited. Judgment…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
This case differs fundamentally from Singer Manufacturing Co. v. Wolff, 41 Vroom 127, in which there was a renting pure and simple, no purchase contemplated and no purchase price fixed by the writing. The lessee in that ease rented the machine for a term and agreed to give up possession when such term ended, which was a letting and nothing more. Justice Garretson, in his opinion, places the decision of the court on this ground expressly, saying, however, “cases in which, upon the payment of the full value of the goods, the title is to be…
2Cases cited1 opinion
- Singer Manufacturing Co. v. D. Wolff & Co.Supreme Court of New Jersey · 1903
3Cited by3 opinions
- Perez v. Rent-A-Center, Inc.Supreme Court of New Jersey · 2006
- In re Press Printers & Publishers Inc.Court of Appeals for the Third Circuit · 1927
- In re Vandewater & Co.District Court, D. New Jersey · 1915