Luban v. Simonds
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis B. Simonds, from a judgment of the Municipal Court of the city of . New York, borough of Brooklyn, third district, in favor of the plaintiff, entered in the office of the clerk of ¡said court on the 8th day of August, 1899, awarding possession of certain chattels to the plaintiff, and in default thereof for the value of said property.
1Opinion of the Court
Goodrich, P. J.:
The action is for the recovery of chattels. The pleadings were oral, the answer being a “ general denial and want of jurisdiction.” The defendant appeared by attorney and the action was tried by the judge without a jury.. Judgment was rendered for the plaintiff, u for the recovery and possession of the property claimed, and in default thereof plaintiff to have judgment for the value of said property, which is found to be $75.00,” with costs..
The marshal returns that he served a copy of the “ summons, affidavit, undertaking, in the city of New York, on the within named…
2Cases cited3 opinions
- In re SchultesAppellate Division of the Supreme Court of the State of New York · 1898
- Boyd v. HowdenNew York Court of Common Pleas · 1871
- Dodge Manufacturing Co. v. Nassau Show Case Co.Appellate Division of the Supreme Court of the State of New York · 1899