Legal Opinion · Dissent

Drexel v. Hollander

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

Decided March 16, 1906Published

Appeal by the defendants, Elmer D. Hollander and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York'on the 6th day of Hovember, 1905, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the defendants’ demurrer to the amended complaint.

1Dissent

Ingraham, J. (dissenting):

There are two causes of action alleged in the complaint, first, for, ■ the conversion of an automobile delivered by the plaintiff to the defendants, under a contract by' which the defendants sold to the plaintiff an automobile for $8,500, for which the plaintiff was to pay in cash $5,500 arid $3,000 by delivering an automobile the property of the plaintiff to the defendants. It is- alleged ■ in this cause of action that the plaintiff performed the contract on his part, paid the $5,500' in cash and, delivered his automobile to the ■defendants; that subsequently, the…

2Cases cited2 opinions

  1. People v. WellsAppellate Division of the Supreme Court of the State of New York · 1900
  2. McClure v. WilsonAppellate Division of the Supreme Court of the State of New York · 1897

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