Legal Opinion

Freeman v. Menkes

City of New York Municipal Court

Decided May 1, 1915Published

Action by Arthur J. Freeman against Jacob Menkes. Complaint dismissed.

1Opinion of the CourtSinnott, J.

This is an action described as “goods sold and delivered” _ on the summons, but in the proof it seems to be an action on a conditional sale, whereby chattels are leased and on default the entire rent for the chattel becomes due, and title does not pass until payment of the entire amount is made, when installments of rent are credited as installments paid on the purchase price.

[1] The defendant returned a coat, which is the chattel in question, to the plaintiff to make repairs. The defendant demanded the coat back, and its delivery was refused until payment of the amount due on the coat was…

2Cases cited5 opinions

  1. Kirk v. CrystalAppellate Division of the Supreme Court of the State of New York · 1907
  2. White v. A. W. Gray's SonsAppellate Division of the Supreme Court of the State of New York · 1904
  3. Avery v. ChapmanNew York Supreme Court · 1911
  4. Edmead v. AndersonAppellate Division of the Supreme Court of the State of New York · 1907
  5. Ratchford v. Cayuga County Cold Storage & Warehouse Co.Appellate Division of the Supreme Court of the State of New York · 1913

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