Roach v. . Curtis
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 23, 1906, affirming a judgment of the Onondaga County Court, which affirmed a judgment in favor of plaintiff rendered by the Municipal Court of the city of Syracuse. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff waived the provision of the statute under which she socles to recover.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 23, 1906, affirming a judgment of the Onondaga County Court, which affirmed a judgment in favor of plaintiff rendered by the Municipal Court of the city of Syracuse. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff waived the provision of the statute under which she socles to recover. (Woodman v. N. P. Co., 94 N. Y. Supp. 371; Warners v. Quechel, 19 App. Div. 494; People v. Quigg, 59 N. Y. 83; Phyfe v. Eimer, 45 N. Y. 102;…
1Opinion of the CourtWillard Bartlett, J.
This is an action instituted in the Municipal Court of the city of Syracuse by the vendee in a contract of conditional sale to recover the amount paid by her on account of the purchase price, on the ground that the vendors, after retaking the property which was the subject-matter of the sale, failed to sell the same within the period prescribed by the statute. The statutory provision invoked by the plaintiff is found in section 116 of the Lien Law (Laws of 1897, ch. 418, as amended by Laws of 1900, cli. 762), which reads as follows:
“ Whenever articles are sold upon the condition that title…
2Cases cited3 opinions
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- Sinnott v. . FeiockNew York Court of Appeals · 1901
- Empire State Type Founding Co. v. GrantNew York Court of Appeals · 1889
3Cited by44 opinions
- Hofferman v. SimmonsNew York Court of Appeals · 1943
- Crowe v. . Liquid Carbonic Co.New York Court of Appeals · 1913
- McCargar v. WileyOregon Supreme Court · 1924
- Peuser v. . MarshNew York Court of Appeals · 1916
- Adler v. . Weis Fisher Co.New York Court of Appeals · 1916
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