Rush v. Wagner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Charles Rush and others, as executors, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 13th day of November, 1917, upon the decision of the court after a trial at the Westchester Special Term. The judgment granted defendant a recovery against the plaintiffs on his second counterclaim.
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Appeal by the plaintiffs, Charles Rush and others, as executors, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 13th day of November, 1917, upon the decision of the court after a trial at the Westchester Special Term. The judgment granted defendant a recovery against the plaintiffs on his second counterclaim. It also dismissed the complaint and awarded defendant "control and possession of a certain automobile and a lien thereon. ■
1Opinion of the Court
Jaycox, J.:
The plaintiffs’ testator, Reese Carpenter, instituted this action in replevin to recover possession of an automobile which had been delivered to the defendant to make some repairs thereon. The agreement for the repairs was in writing and provided for repairs to the motor for approximately the sum of 1500. The defendant claims that during the time these repairs were being made, another contract was made by which the defendant was to repair the car generally and be paid the reasonable value of the labor and materials furnished. After the repairs were completed, there was a dispute as…
2Cases cited7 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Becker v. . BoonNew York Court of Appeals · 1874
- Lawrence v. . MaxwellNew York Court of Appeals · 1873
- Schieck v. DonohueAppellate Division of the Supreme Court of the State of New York · 1902
- In re MillsNew York Supreme Court · 1908
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