Tripp v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Annie P. Smith, from a judgment of' the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 25th day of May, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 6tli day of June, 1899, denying the defendant’s motion to set aside said verdict.
1Opinion of the Court
Hatch, J. :
The action was replevin of a quantity of household furniture which had been stored with the defendant in her storage warehouse. Prior to the institution of the action the property had been sold, and the articles were, therefore, not taken into the possession of the court. The contract of storage was in writing, and fully and completely expressed the entire contract at the time the goods were delivered to the defendant. The rate of storage was three dollars per month, payable monthly when due, and the contract by express terms provided that storage dues should not remain in arrears…
2Cases cited3 opinions
- Case v. Phœnix Bridge Co.New York Court of Appeals · 1892
- E. De Braekeleer & Co. v. SchwabelandNew York Supreme Court · 1895
- Grossman v. WaltersNew York Supreme Court · 1890
3Cited by1 opinion
- Helman v. MarkoffAppellate Division of the Supreme Court of the State of New York · 1938