Legal Opinion

Ginzburg v. De Silvestre

New York Supreme Court

Decided January 15, 1904PublishedCited by 4 opinions

Appeal by the defendants from a judgment of the Municipal Court of the city of ¡New York, fourth district, borough of Manhattan, awarding possession of a chattel to the plaintiff.

1Opinion of the CourtGildebsleeve, J.

This action was brought in replevin for the recovery of a pool table. The plaintiff sold the 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 *531defended, 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…

2Cases cited3 opinions

  1. Leadbetter v. N. H. LeadbetterNew York Court of Appeals · 1891
  2. Baumann v. CornezNew York Court of Common Pleas · 1890
  3. Samodwitz v. KarpeAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by4 opinions

  1. Diamond v. RosenblattAppellate Terms of the Supreme Court of New York · 1913
  2. Jacobs v. Columbia Storage WarehousesAppellate Terms of the Supreme Court of New York · 1907
  3. Frigidaire Sales Corp. v. DolanAlbany City Court · 1931
  4. Toro v. HornAppellate Terms of the Supreme Court of New York · 1915

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