Legal Opinion

Dorfman v. Weiler

Appellate Terms of the Supreme Court of New York

Decided June 13, 1904Published

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Lewis Dorfman against Joseph Weiler and another. From a judgment in favor of defendants, plaintiff appeals. . Affirmed.

1Per curiam

This judgment must be affirmed,- but for a different reason than that given in the opinion of the court below.

action is brought for conversion, and the right of action is based upon a default made by the mortgagor in payment of a sum secured by a chattel mortgage given upon certain goods and chattels to the plaintiff herein, and stored by said mortgagor with the defendants after such default. Section 139 of the Municipal Court Act (Laws 1902, p. 1533, c. 580) provides that no action shall be maintained in this court which arises on a written contract of conditional sale of personal property,…

2Cases cited2 opinions

  1. Fishel v. Hamilton Storage Warehouse Co.Appellate Terms of the Supreme Court of New York · 1904
  2. Samodwitz v. KarpfAppellate Division of the Supreme Court of the State of New York · 1903

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