Bloomingdale v. Gaudio
Appellate Terms of the Supreme Court of New York
Appeal by plaintiffs from a judgment of the Municipal Court of the city of New York, borough of Manhattan, sixth district, rendered in favor of the defendant.
1Opinion of the CourtGuy, J.
This action was brought to recover $437 unpaid instalments upon the purchase price, $475, of a piano, to secure the payment of which defendant executed a purchase money chattel mortgage. The purchase money was payable in instalments at the rate of $8 per month. The sale took place in December, 1912. In May, 1913, defendant moved to Philadelphia, and plaintiffs, finding the piano in the possession of a stranger, with only $38 of the purchase price paid, took it into their custody. Plaintiffs claim to hold the piano as trustee for the defendant. The security clause in the mortgage authorized…
2Cases cited5 opinions
- Gourd v. . HealyNew York Court of Appeals · 1912
- Lathers v. HuntNew York Court of Common Pleas · 1890
- Beadleston & Woerz v. MortonAppellate Terms of the Supreme Court of New York · 1896
- Levy v. ReichAppellate Terms of the Supreme Court of New York · 1912
- Toledo Computing Scale Co. v. BorickAppellate Terms of the Supreme Court of New York · 1909
3Cited by2 opinions
- General Motors Acceptance Corp. v. HanahanSupreme Court of South Carolina · 1928
- General Motors Acceptance Corp. v. HanahanSupreme Court of South Carolina · 1928