Meise v. Wachtel
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, sixth district, borough of Manhattan.
1Opinion of the CourtFitzgerald, J.
Plaintiff was the owner of a mare which he delivered to'the defendant, an intending purchaser, for the purpose of a preliminary trial upon the agreement that, if the animal proved satisfactory, he (defendant) would pay the agreed price. It is conceded that within the period allowed for the trial the mare was accidentally killed. The action was tried upon written pleadings and the complaint sufficiently alleges causes of action in replevin and conversion and judgment was rendered by~the terms of which execution against the person might issue. It was conceded that plaintiff delivered the mare…
2Cases cited2 opinions
- Sinnott v. . FeiockNew York Court of Appeals · 1901
- Salt Springs National Bank v. . WheelerNew York Court of Appeals · 1872
3Cited by2 opinions
- Bowling Corp. v. Long Island National BankNassau County District Court · 1968
- Levine v. KaufmanCity of New York Municipal Court · 1915