Legal Opinion
Church v. Bender
Appellate Terms of the Supreme Court of New York
Decided February 9, 1911Published
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Albert G. Church against Simon Bender. From a judgment of the Municipal Court in favor of the plaintiff, defendant appeals.
1Opinion of the CourtHendrick, J.
The complaint is in conversion, alleging the value of the horse converted as $300. The answer is a general denial. John Church, a cousin of plaintiff, purchased from defendant a number of horses. He entered into a written agreement, wherein it was agreed that:
“Title to the horses shall remain in defendant until such time as the full amount, as represented by notes given, shall be fully paid; and on the failure to pay said notes, or any or either of them, or any part of any or either of them, at the date and place therein specified, it shall and may be lawful for defendant, .his agents or…
2Cases cited2 opinions
- Deeley v. . DwightNew York Court of Appeals · 1892
- Schryer v. FentonAppellate Division of the Supreme Court of the State of New York · 1897