Herbert v. Humphreys
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Replevin by George W. Herbert against Harriet Humphreys, impleaded with others. From a judgment for defendant Humphreys, plaintiff appeals.
1Opinion of the CourtBijur, J.
Defendant, in February, 1903, being in arrears for rent of plaintiff’s piano, purchased it for $100, payable at the rate of $6 per month. She made occasional payments on account of this purchase, aggregating $23, up to December, 1903. All the circumstances surrounding the sale indicate that it was intended to be merely conditional. Costello v. Herbst, 16 Misc. Rep. 687, 38 N. Y. Supp. 1123, affirmed 18 Misc. Rep. 176, 41 N. Y. Supp. 574, and Smith v. Lynes, 5 N. Y. 41.
Section 139 of the Municipal Court act (Laws 1902, c. 580) does not forbid the entertainment of an action in replevin on this…
2Cases cited2 opinions
- Costello v. HerbstAppellate Terms of the Supreme Court of New York · 1896
- Costello v. HerbstCity of New York Municipal Court · 1896