Legal Opinion

Ryan v. Wollowitz

Appellate Terms of the Supreme Court of New York

Decided December 15, 1898PublishedCited by 1 opinion

Appeal from a judgment of the Second Municipal Court, borough of Manhattan, dismissing the complaint at the close of plaintiff’s case. Action tried before the court and a jury.

1Opinion of the CourtGildersleeve, J.

The action is brought to recover a quantity of shoes, alleged to be wrongfully detained by defendants. As the complaint was dismissed at the end of plaintiff’s case, the construction most favorable to the plaintiff must be put upon the testimony. It appears that the plaintiff and the Lester Shoe Company, which has assigned its claim to plaintiff, delivered chattels to one Spitalsky, on the understanding that said Spitalsky was to examine them, and, if they suited him, buy them, but that the title was to remain in the vendors until the property was paid for; and, if Spitalsky did not pay, the…

2Cases cited1 opinion

  1. Empire State Type Founding Co. v. GrantNew York Court of Appeals · 1889

3Cited by1 opinion

  1. Barasch v. KramerAppellate Terms of the Supreme Court of New York · 1909

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