Kitchell v. Beck
City of New York Municipal Court
The plaintiff, a carpenter, in March, 1884, bought a carpet from the defendant for $38, on the installment plan. After the carpet had been delivered and one installment paid thereon, the defendant sent a chattel mortgage for the plaintiff to sign. As the plaintiff was not home, it. was signed by his daughter, without his authority.
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The plaintiff, a carpenter, in March, 1884, bought a carpet from the defendant for $38, on the installment plan. After the carpet had been delivered and one installment paid thereon, the defendant sent a chattel mortgage for the plaintiff to sign. As the plaintiff was not home, it. was signed by his daughter, without his authority. The subsequent installments not being promptly paid, the defendant sent three men, tore the carpet from the floor, and carried it away during the plaintiff’s absence from his house. The plaintiff subsequently brought suit in the city court for trespass. Upon the…
1Opinion of the Court
McAdam, Ch. J.
The jury, by their verdict, have found that the carpet was sold to the plaintiff; that the chattel mortgage signed by the daughter in the name of the wife was executed without his authority, and that the entry by the defendant’s employees into the plaintiff’s dwelling, by the defendant’s direction, was a trespass from the beginning; from which it follows, as matter of law, that he was liable for it and all the consequences flowing Rom it. The plaintiff lived with and supported his wife and family, and if either his wife or children were ill at the time of the trespass, the…
2Cases cited7 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Brooks v. . SchwerinNew York Court of Appeals · 1873
- Walsh v. Washington Marine InsuranceNew York Court of Appeals · 1865
- Levin v. . RussellNew York Court of Appeals · 1870
- Evans v. . the PeopleNew York Court of Appeals · 1872
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