Tompkins v. . Fonda Glove Lining Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 5, 1905, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial" at Special Term. The nature of the action and- the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 5, 1905, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial" at Special Term. The nature of the action and- the facts, so far as material, are stated in the opinion. When ^lilton sold and delivered the machinery to the Cayadutta Knitting Company, and agreed with it and with plaintiffs that the title to the machinery should remain in plaintiffs until the drafts which Hilton had originally accepted as purchase price of the property should be…
1Opinion of the Court
Cullen, Ch. J.
The action is for the conversion of a quantity of machinery, the subject of a conditional sale made by the plaintiffs to the Cayadutta Knitting Company in 1896. The condition of the sale was that the title to the property sold by the plaintiffs should remain in them until the payment by the vendee of the purchase price, foi^which certain drafts were given. These drafts were renewed from time to time, but never paid. In 1901 the knitting company transferred the machinery, together with other personal property and real estate, to the firm of Littauer Brothers, who were large…
2Cases cited8 opinions
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- Gillet v. . RobertsNew York Court of Appeals · 1874
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- Davis v. . BlissNew York Court of Appeals · 1907
- Lyon v. . RickerNew York Court of Appeals · 1894
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