Scherl v. Flam
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Herman L. Flam, individually, etc., from a judgment of the Municipal Court of the city of New York in favor of the plaintiff. The action was replevin of 15 barrels of flour.
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Appeal by the defendant, Herman L. Flam, individually, etc., from a judgment of the Municipal Court of the city of New York in favor of the plaintiff. The action was replevin of 15 barrels of flour. The plaintiff, a wholesale flour merchant, entered into and filed a written agreement with a baker, Zweifach, by which the latter agreed to purchase flour for his bakery of no one but the plaintiff, and the former agreed to deliver him flour from time to time as it was needed to be made into bread ; but it was agreed that the title of the flour so delivered should remain in the plaintiff until the…
1Opinion of the Court
Gaynor, J.:
The Lien Law provides that contracts for the conditional sale of goods “ shall be void as against subsequent purchasers, pledgees or mortgagees in good faith ”, unless the same has been tiled (§ 112 et seq.). The statute contemplates the making and filing of an agreement for each sale, and not an omnibus agreement in advance for all future sales. This becomes the necessary construction of the statute in view of the fact that it in effect treats and reduces the interest of the vendor to a lien like that under a chattel mortgage, which needs to be foreclosed as under a chattel…
2Cited by3 opinions
- Scherl v. FlamAppellate Division of the Supreme Court of the State of New York · 1910
- Scherl v. FlamAppellate Division of the Supreme Court of the State of New York · 1909
- Toro v. HornAppellate Terms of the Supreme Court of New York · 1915