Gray v. Booth
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William J. Gray and another, from a judgment of the County Court of Albany county in favor of the defendant, entered in the office of the clerk of the county of Albany on the 2d day of January, 1900,' affirming a judgment rendered by the City Court of Albany on the 14th day of March, 1899, dismissing the plaintiffs’ complaint.
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Appeal by the plaintiffs, William J. Gray and another, from a judgment of the County Court of Albany county in favor of the defendant, entered in the office of the clerk of the county of Albany on the 2d day of January, 1900,' affirming a judgment rendered by the City Court of Albany on the 14th day of March, 1899, dismissing the plaintiffs’ complaint. The action was brought upon the covenant in a contract to pay the sum of twenty-five dollars, the first installment promised in a. conditional contract of sale of a certain piano, the defendant having refused to accept the piano when a delivery…
1Opinion of the Court
Kellogg, J.:
The conclusion reached by the County Court seems, from the opinion printed in the record, to be solely based upon this dictum *234found in the opinion of the learned justice writing in Earle v. Robinson (91 Hun, 370), viz.: “ Hone of these remedies apply to tile case at bar, or to any conditional sale, where the title to the property remains in the vendor:” It is not quite certain, from the case as reported, what remedies the learned justice referred to; but if lie intended to include all of the known remedies which the law governing contracts gives to a seller under a contract of…
2Cases cited8 opinions
- Morris v. SliterCourt for the Trial of Impeachments and Correction of Errors · 1845
- Earle v. RobinsonNew York Supreme Court · 1895
- Brewer v. FordNew York Supreme Court · 1889
- Meriden Britannia Co. v. . ZingsenNew York Court of Appeals · 1872
- National Cash Register Co. v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mosler Safe Co. v. BrennerAppellate Terms of the Supreme Court of New York · 1917
- Sager v. SchmidtSupreme Court of Connecticut · 1923
- Ideal Cash Register Co. v. ZuninoNew York Supreme Court · 1902
- Wood v. WiseAppellate Division of the Supreme Court of the State of New York · 1912
- Fisher Hydraulic Stone & Machinery Co. v. WarnerU.S. Circuit Court for the District of Northern New York · 1911
3 more not listed; retrieve them via the Exa API.