Adler v. . Weis Fisher Co.
New York Court of Appeals
Appeal from a judgment entered May 25,1914, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling defendant’s exceptions, ordered to he heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiff upon the verdict. 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 entered May 25,1914, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling defendant’s exceptions, ordered to he heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiff upon the verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in denying defendant’s motion to dismiss the complaint and in directing a verdict for the plaintiff. (Seeley v. Prentiss, etc., Co., 158 App. Div. 853; 216 N. Y.…
1Opinion of the CourtSeabury, J.
This is an action by a trustee in bankruptcy as successor in interest of a vendee to recover from the defendant,- under section 65 of the Personal Property Law, the amount paid by the vendee under a conditional sale agreement. There is no dispute as to the facts. In January, 1908, the defendant sold to the Eochester Sanitarium and Baths. Company certain furniture, the contract price of which was $6,369.78. The sale was made on condition that the title to the chattels should remain in the vendor until the purchase price, named in the contract, should be fully paid. Two thousand, eight hundred…
2Cases cited5 opinions
- Roach v. . CurtisNew York Court of Appeals · 1908
- Crowe v. . Liquid Carbonic Co.New York Court of Appeals · 1913
- Seeley v. Prentiss Tool & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Breakstone v. Buffalo Foundry & Machine Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Werner v. . HeinzeNew York Court of Appeals · 1915
3Cited by21 opinions
- Estro Chemical Co. v. FalkNew York Court of Appeals · 1951
- Thomas G. Jewett, Jr. Inc. v. Keystone Driller Co.Massachusetts Supreme Judicial Court · 1933
- Maestro Music, Inc. v. Rudolph Wurlitzer CompanyArizona Supreme Court · 1960
- Boyd H. Wood Co. v. HorganNew York Court of Appeals · 1943
- Mack International Motor Truck Corp. v. Thelen Trucking Co.Wisconsin Supreme Court · 1931
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