Heinrich v. Van Wrickler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick W. Heinrich, from a judgment of the Municipal Court of the city of New York, borough of Queens, in favor of the defendant, entered on the 5th day of August, 1902, upon the dismissal of the complaint at the close of the plaintiff’s evidence.
1Opinion of the Court
Per Curiam :
This is a suit in replevin for the recovery of a piano in the possession of the defendant under a contract of conditional sale. As such possession was lawfully acquired, it was necessary for the plaintiff to prove a demand for the return of the chattel in order to main*251tain proceedings and an action in replevin. This he failed to do and the Municipal Court justice dismissed the complaint on account of this defect in the proof. While there was evidence of a demand, it was of a demand addressed, not to the defendant herself, but to a person or persons not shown to have any custody or…
2Cited by2 opinions
- Cohen v. M. Keizer, Inc.Appellate Division of the Supreme Court of the State of New York · 1936
- Heating & Plumbing Finance Corp. v. KuhnCity of New York Municipal Court · 1933