Legal Opinion

United Shoe Repairing Machine Co. v. Dochtermann Storage Warehouse Co.

Appellate Division of the Supreme Court of the State of New York

Decided February 7, 1919PublishedCited by 1 opinion

Appeal by the plaintiff, United Shoe Repairing Machine Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of October, 1918, directing that one Robert W. Howth be brought in as a party defendant and that the summons and complaint be amended accordingly.

1Opinion of the Court

Page, J.:

The plaintiff, claiming to be the owner of and entitled to the possession of certain chattels which had been stored by Howth with the defendant, brought this action in replevin. The defendant, claiming a hen upon said chattels for storage, when the plaintiff made demand for the delivery of the goods, notified Howth of the demand and Howth consented to the delivery of the goods to plaintiff if plaintiff would pay the storage charges. The plaintiff consented to pay part of the storage charges but refused to pay all, and Howth refusing to consent to delivery unless plaintiff paid all…

2Cases cited2 opinions

  1. Chapman v. . ForbesNew York Court of Appeals · 1890
  2. Bullowa v. Provident Life & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908

3Cited by1 opinion

  1. McLaughlin v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1932

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