Legal Opinion

Peter Barrett Manufacturing Co. v. Ronk

New York Court of Appeals

Decided June 9, 1914PublishedCited by 34 opinions

Appeal, by permission, from an order of the Appellate Division of the' Supreme Court in the second judicial department, entered February 17, 1912, reversing a judgment in favor of defendant rendered by the Municipal Court of the city of ¡New York. The nature of the action and the facts, so far as material, are stated in the opinion. This is a remedial statute and1'is to be liberally construed. (Kline v. Green, 5 Misc.

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Appeal, by permission, from an order of the Appellate Division of the' Supreme Court in the second judicial department, entered February 17, 1912, reversing a judgment in favor of defendant rendered by the Municipal Court of the city of ¡New York. The nature of the action and the facts, so far as material, are stated in the opinion. This is a remedial statute and1'is to be liberally construed. (Kline v. Green, 5 Misc. Rep. 100; Hudler v. Golden, 36 N. Y. 447; Weed v. Tucker, 19 N. Y. 443; Ayers v. Laurence, 59 N. Y. 192; Berger v. Varrelman, 127 N. Y. 281; Allen v. Stevens, 161 N. Y. 122.)…

1Opinion of the CourtCollin, J.

The action is to foreclose a chattel mortgage upon a market truck and was instituted under article fourth of title 3 of the Municipal Court Act of New York city. (Laws of 1902, ch. 580.) The truck was manufactured and was delivered by the plaintiff in the month of July, 1909, to one Van Ronk, who executed to the plaintiff the chattel mortgage here under foreclosure, dated July 23, 1909, upon it. The mortgage was filed August 6, 1909, and was duly refiled. The defendant Wheeler was a livery stable keeper. On July 31, 1909, Van Ronk took to the stable of Wheeler, to be boarded and kept by him,…

2Cases cited11 opinions

  1. Bragelman v. . DaueNew York Court of Appeals · 1877
  2. Howes v. NewcombMassachusetts Supreme Judicial Court · 1888
  3. Casserly v. . WitherbeeNew York Court of Appeals · 1890
  4. Bissell v. . PearceNew York Court of Appeals · 1863
  5. Briggs v. . OliverNew York Court of Appeals · 1877

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3Cited by34 opinions

  1. Johanns v. . FickeNew York Court of Appeals · 1918
  2. Utica Trust & Deposit Co. v. DeckerNew York Court of Appeals · 1927
  3. Rodack v. New Moon TheatreAppellate Terms of the Supreme Court of New York · 1923
  4. Jacob Sincoff, Inc. v. CommissionerUnited States Tax Court · 1953
  5. United States v. One 1948 Cadillac Convertible CoupeDistrict Court, D. New Jersey · 1953

29 more not listed; retrieve them via the Exa API.

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