Wall v. De Mitkiewicz
District of Columbia Court of Appeals
Hearing on an appeal by plaintiff from a judgment on a verdict directed by the court in an action of replevin. The Court in its opinion stated the case as follows: This is an action of replevin brought by the appellant, Julian Wall, against the appellees, Eugene de Mitkiewicz and the American Security and Trust Company, to recover certain articles of household furniture. October 17, 1890, it.
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Hearing on an appeal by plaintiff from a judgment on a verdict directed by the court in an action of replevin. The Court in its opinion stated the case as follows: This is an action of replevin brought by the appellant, Julian Wall, against the appellees, Eugene de Mitkiewicz and the American Security and Trust Company, to recover certain articles of household furniture. October 17, 1890, it. J. Horner & Co., of New York, delivered the furniture to Eugene de Mitkiewicz in accordance with the terms of the following agreement: “ This indenture of lease made this 17th day of October, A. D. 1890,…
1Opinion of the CourtJustice Shepard
1. The written instrument under which de Mitkiewicz received and held the furniture is more precise and restrictive in its terms and conditions, as regards the retention of title, than that passed upon by the Supreme Court of the United States in Harkness v. Russell, 118 U. S. 663. In accordance with the doctrine of that case, it must be held that no title whatever passed to de Mitkiewicz. His right to demand a conveyance was conditioned upon his payment of the instalments specified in the lease and the further payment of one dollar. If he has any equities growing out of the part payments…
2Cases cited12 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
- Segrist v. CrabtreeSupreme Court of the United States · 1889
- First National Bank of Green Bay v. DearbornMassachusetts Supreme Judicial Court · 1874
- Tome v. DuboisSupreme Court of the United States · 1868
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