Legal Opinion
Winney v. Leuci
Appellate Terms of the Supreme Court of New York
Decided June 19, 1947PublishedCited by 2 opinions
1Opinion of the Court
Memorandum
2Per curiam
The judgment insofar as appealed from should be unanimously reversed on the law, with $30 costs to appellant against impleaded plaintiff Weisser and cross-claim dismissed.
The impleaded plaintiff acquired the automobile in question from a thief-. It follows that he may not assert against the true owner a claim for the cost of repairs or improvements made to the automobile without the owner’s knowledge or consent. (Cf. Bateman v. Clark, 263 App. Div. 789; New York Yellow Cab Co. Sales Agency, Inc., v. Laurel Garage, Inc., 219 App. *442Div. 329; Auto Dealers Discount Corp. v. Budd, 242…
3Cases cited3 opinions
- New York Yellow Cab Co. Sales Agency, Inc. v. Laurel Garage, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- Auto Dealers Discount Corp. v. BuddAppellate Division of the Supreme Court of the State of New York · 1934
- Bateman v. ClarkAppellate Division of the Supreme Court of the State of New York · 1941
4Cited by2 opinions
- United States Fidelity & Guaranty Co. v. MarshallCourt of Appeals of Kansas · 1979
- Hartford Fire Insurance v. Albertson, New York County Courts1969