Katz v. Diamond
Appellate Terms of the Supreme Court of New York
Appeal- by the. plaintiff from a judgment of a District Court, dismissing the complaint without prejudice to a new action, and without costs. The defendant was sued for conversion, and failed to appear or answer.
1Opinion of the CourtDaly, P. J.
In this case the plaintiff sued for conversion of
furniture by defendant, which had been sold to him by plaintiff, to be paid for on instalments, undér an agreement that the title was not to be acquired by him until the instalments were paid and that .he was to surrender the goods on failure to pay any instalment. The defendant did not appear, .nor answer; and the. plaintiff pro-needed to take an inquest. It appeared that the plaintiff was described in the contract of sale as manager of “ The New Instalment Company.” • The written agreement of the defendant was to surrender the goods'to the…
2Cases cited3 opinions
- Hotchkiss v. M'VickarNew York Supreme Court · 1815
- Petrie v. StarkNew York Supreme Court · 1894
- Phillips v. McNabNew York Court of Common Pleas · 1890
3Cited by1 opinion
- Langfelder v. RenoufAppellate Terms of the Supreme Court of New York · 1903