Sigal v. Frank E. Hatch Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, entered by direction of the court in the City Court of the city of ¡New York.
1Opinion of the CourtHendrick, J.
The' sole question to be determined is whether the taking of the property by the marshal in replevin at the suit of the defendant, the vendor, on the tenth day of December, 1907, was a taking by the vendor within the meaning of section 116 of the Lien Law. If it was, it clearly establishes the plaintiff’s right to recover the amount *333paid on his conditional contract. If it was not snch a taking, and the actual taking dated from the time of the entry of judgment in the replevin suit, February 13, 1908, there was a strict compliance with the statute in the manner in which the property was…
2Cases cited3 opinions
- Roach v. . CurtisNew York Court of Appeals · 1908
- First Nat'l Bk. of Oswego v. . DunnNew York Court of Appeals · 1884
- Commerce Exchange National Bank of Chicago v. BlyeNew York Court of Appeals · 1890
3Cited by11 opinions
- Fisk Discount Corp. v. Brooklyn Taxicab Trans. Co.Appellate Division of the Supreme Court of the State of New York · 1946
- Spitaleri v. BrownAppellate Division of the Supreme Court of the State of New York · 1914
- Quattrone v. SimonAppellate Terms of the Supreme Court of New York · 1914
- Crump v. WissnerAppellate Division of the Supreme Court of the State of New York · 1914
- Mathushek & Son Piano Co. v. WeldAppellate Terms of the Supreme Court of New York · 1916
6 more not listed; retrieve them via the Exa API.