Legal Opinion · Concurrence

McCloskey v. . Henderson

New York Court of Appeals

Decided April 26, 1921Published

Appeal from a judgment, entered January 28, 1919, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. The appellant’s conditional bill of sale of the steam heating apparatus, not having been filed until after delivery and installation, was void. (McMillan v. Seaman, 101 App.

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Appeal from a judgment, entered January 28, 1919, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. The appellant’s conditional bill of sale of the steam heating apparatus, not having been filed until after delivery and installation, was void. (McMillan v. Seaman, 101 App. Div. 436; Jermyn v. Hunter, 93 App. Div. 175; McFadden v. Allen, 134 N. Y. 489; Kirk v. Crystal, 118 App. Div. 32; 193 N. Y. 622; Kline v. Cohen,…

1Concurrence

This action was brought to recover sixteen hundred dollars, the value of certain chattels alleged to be the property of plaintiff and to have been wrongfully detained by defendant.

The defendant was owner of two certain pieces of land in the borough of Brooklyn, one piece two hundred by one hundred feet situated on the easterly side of Bedford avenue about two hundred and forty feet south of Farragut road. The second piece was about two hundred by one hundred feet located on the westerly side of Bedford avenue about three hundred feet southerly from Farragut road, which premises will be…

2Cases cited3 opinions

  1. Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
  2. De Bevoise v. Maple Avenue Construction Co.New York Court of Appeals · 1920
  3. Whitney v. . WhitneyNew York Court of Appeals · 1902

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