Legal Opinion

Davis v. . Bliss

New York Court of Appeals

Decided January 8, 1907PublishedCited by 48 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 5, 1905, affirming a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtHiscock, J.

There is involved in this action the question whether a vendor of personal property under a conditional sale may recover in conversion for the same after default by his vendee, against a vendor under contract of real estate to which said personal property had been attached by said vendee, who was also the vendee under and had made default upon the real estate contract;

The trial court and the Appellate Division by a divided vote held that he could not. We think this decision was erroneous and must be reversed.

Plaintiffs, being manufacturers of gasoline engines, sold one to one Lyon under a…

2Cases cited14 opinions

  1. Ford v. . CobbNew York Court of Appeals · 1859
  2. Tifft v. . HortonNew York Court of Appeals · 1873
  3. Parish v. . WheelerNew York Court of Appeals · 1860
  4. Sisson v. . HibbardNew York Court of Appeals · 1879
  5. Johnston v. WhittemoreMichigan Supreme Court · 1873

9 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Holt v. HenleySupreme Court of the United States · 1914
  2. Bank of New York v. Amoco Oil Co.Court of Appeals for the Second Circuit · 1994
  3. Tompkins v. . Fonda Glove Lining Co.New York Court of Appeals · 1907
  4. People's Savings & Trust Co. v. Sheboygan Machine Co.Wisconsin Supreme Court · 1933
  5. Kohler Co. v. BrasunNew York Court of Appeals · 1928

43 more not listed; retrieve them via the Exa API.

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