Wuertz v. Braun
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Otto W. Wuertz, from a judgment of the Municipal Court of the city of Mew York, rendered on the 16th day of August, 1905.
1Opinion of the Court
Jenks, J. :
This action is to foreclose a lien on a piano forte. Irma Braun and Isidor Braun were named as the defendants, but only the former was served and appeared. The court refused to admit the contract offered by ¿he plaintiff, and- dismissed him at the close of his case. The contract is a printed form with blanks. The parties named therein are the plaintiff and “ Mrs. Isidor Braun part of the second part.” In the only instance where a name was necessary; that of Mrs. Isidor Braun is inserted, and in other blanks the insertions are “she” and “her.” The contract is subscribed “Isidor…
2Cases cited2 opinions
- Penoyar v. . KelseyNew York Court of Appeals · 1896
- Smith v. WhiteNew York Court of Appeals · 1861
3Cited by4 opinions
- Coiro v. BaronAppellate Division of the Supreme Court of the State of New York · 1913
- Wuertz v. BraunAppellate Division of the Supreme Court of the State of New York · 1907
- Lee v. Revolving Airship Tower Co.Appellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Paul G. Mehlin & Sons Piano Co. v. LauerNew York Supreme Court · 1913