Sheeley v. Holmes Music Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Holmes Music Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 7th day of March, 1919, upon the decision of the court after a trial without a jury. In July, 1915, defendant, a piano dealer of Middletown, Orange county, sold to plaintiff, who then lived in Ellenville, N. Y., a piano at the price of $225, payable in $5 monthly installments.
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Appeal by the defendant, Holmes Music Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 7th day of March, 1919, upon the decision of the court after a trial without a jury. In July, 1915, defendant, a piano dealer of Middletown, Orange county, sold to plaintiff, who then lived in Ellenville, N. Y., a piano at the price of $225, payable in $5 monthly installments. The instrument, dated July 22, 1915, recited an indebtedness of $225 so payable, and that for securing the payment of said debt and interest, “…
1Opinion of the Court
Putnam, J.:
Although any ambiguity in this agreement should be construed against defendant as the one who made and proffered the paper, its terms are plainly those of a mortgage and not a conditional sale. Defendant reserved no title but placed the title in the plaintiff, with whom it remained supported by her warranties. Herein the case may be distinguished from Tweedie v. Clark (114 App. Div. 296), where the buyer agreed that vendors should retain title until his note should *759be paid. Preservation of title in the seller is the essence of a conditional sale. Although ordinarily, in such sales,…
2Cases cited6 opinions
- Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
- Crowe v. . Liquid Carbonic Co.New York Court of Appeals · 1913
- Nordone v. F. C. Austin Drainage Excavator Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Tweedie v. ClarkAppellate Division of the Supreme Court of the State of New York · 1906
- Gaul v. Goldburg Furniture & Carpet Co.Appellate Terms of the Supreme Court of New York · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hannin v. FisherCalifornia Court of Appeal · 1935