Ford Garage Co. v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ford Garage Co., Inc., from a judgment of the County. Court of Washington county in favor of the defendant, entered in the office of the clerk of said county on the 13th day of June, 1921, upon the dismissal of the complaint on the merits at the close of the case, and also from an order entered in said clerk’s office on or about the same day, setting aside the verdict of a jury in favor of the plaintiff rendered by direction of the court and…
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Appeal by the plaintiff, Ford Garage Co., Inc., from a judgment of the County. Court of Washington county in favor of the defendant, entered in the office of the clerk of said county on the 13th day of June, 1921, upon the dismissal of the complaint on the merits at the close of the case, and also from an order entered in said clerk’s office on or about the same day, setting aside the verdict of a jury in favor of the plaintiff rendered by direction of the court and dismissing the complaint.
1Opinion of the Court
Van Kirk, J.:
The action was tried in the County Court, after an appeal from Justice’s Court. The plaintiff had purchased from *468Forrest W. Patrick the Westinghouse electric motor in question, with other property, and paid therefor the full consideration. All the property was removed by plaintiff except the electric motor, which was loaned to Patrick at his request upon the promise of Patrick that he would deliver the motor to the plaintiff at Glens Falls as soon as he had finished using it in certain specified work. The defendant sheriff levied upon the electric motor under an execution against…
2Cases cited2 opinions
- Sinnott v. . FeiockNew York Court of Appeals · 1901
- Barnett v. . SellingNew York Court of Appeals · 1877
3Cited by2 opinions
- Feld v. FeldAppellate Division of the Supreme Court of the State of New York · 2001
- Satterwhite v. Harriman Nat. Bank & Trust Co.District Court, S.D. New York · 1935