Ginzburg v. De Silvestri
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Replevin by Michael Ginzburg against Peter De Silvestri and another. From a judgment for plaintiff, defendants appeal. Reversed.
1Opinion of the CourtGildersleeve, J.
This action was brought in replevin for the recovery of a pool table. The plaintiff sold defendant Silvestri a pool table, and took back a chattel mortgage to secure the purchase price. The trial judge found, upon sufficient evidence, that after Silvestri had defaulted in the payments he sold the pool table to the defendant Rugullo. It is the claim of the defendant Rugullo, who alone defended the action, that the Municipal Court had no 'jurisdiction for the reason that the action was in replevin, arising on a chattel mortgage given to secure the purchase price of the chattel replevied, and…
2Cases cited4 opinions
- Leadbetter v. N. H. LeadbetterNew York Court of Appeals · 1891
- Baumann v. CornezNew York Court of Common Pleas · 1890
- Samodwitz v. KarpeAppellate Division of the Supreme Court of the State of New York · 1903
- Samodwitz v. KarpfAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Toro v. HornAppellate Terms of the Supreme Court of New York · 1915