Whitney v. Saxe
City of New York Municipal Court
Appeal from special term; McAdam, Chief Justice. Action by Abijah Whitney against Eva Saxe for the possession of a piano. The trial herein was had before Justice Hyatt and a jury, on the 12th day of May, 1887, and resulted in a verdict for the defendant, the action being in replevin. An appeal was taken therein to the general term of this court, and the judgment rendered upon the trial was affirmed, with costs.
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Appeal from special term; McAdam, Chief Justice. Action by Abijah Whitney against Eva Saxe for the possession of a piano. The trial herein was had before Justice Hyatt and a jury, on the 12th day of May, 1887, and resulted in a verdict for the defendant, the action being in replevin. An appeal was taken therein to the general term of this court, and the judgment rendered upon the trial was affirmed, with costs. A motion was made before Chief Justice McAdam for a new trial, on the ground of newly-discovered evidence; and an order was made by the chief justice, on May 15,1888, denying said…
1Opinion of the CourtMcGown, J.
On the trial herein, before Justice Hyatt, the plaintiff claimed ownership of a piano, and that the defendant obtained possession thereof under a contract of hiring dated November 17, 1883, and that there had been a breach of contract, working a forfeiture thereof. The defendant claimed in her answer that the piano in question had been sold and delivered to her, by plaintiff’s assignors, for the sum of $325, the alleged purchase price of the same; that defendant had paid on account of said purchase price the sum of $235. But, after the sale and delivery of said piano, she was induced to sign…
2Cases cited1 opinion
- May v. StraussNew York City Court · 1880
3Cited by2 opinions
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- Behrens v. BloomCity of New York Municipal Court · 1889