Warren v. Lair
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles E. Lair, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 2d day of June, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on or about the same day denying defendant’s motion for a new trial made upon the minutes.
1Dissent
John M. Kellogg, P. J. (dissenting):
If the judgment stands, the plaintiff has had the use of the truck, bought by him from defendant May 19, 1917, from that date to March 28, 1918, and has also recovered all moneys which he paid upon the purchase price, with interest. The result seems so unjust that it becomes doubtful whether the verdict can stand. The contract was for a conditional sale, and it provided that a chattel mortgage should be given on *145the truck to secure the purchase price. Evidently the contract and mortgage were delivered at the same time. In the mortgage the plaintiff…
Also in this document: Concurrence.
2Cases cited3 opinions
- 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