Lowy v. Hardman, Peck & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leo Lowy, from a determination and order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on or about the 23d day of June, 1916, reversing a judgment and order of the City Court of the City of New York in plaintiff’s favor upon a motion made by him for judgment on the pleadings.
Read the full summary
Appeal by the plaintiff, Leo Lowy, from a determination and order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on or about the 23d day of June, 1916, reversing a judgment and order of the City Court of the City of New York in plaintiff’s favor upon a motion made by him for judgment on the pleadings. The plaintiff further appeals from the judgment and orders of reversal entered in the office of the clerk of the City Court of the City of New York, pursuant to said determination of the Appellate Term.
1Opinion of the Court
Page, J.:
The complaint alleges that the plaintiff and defendant entered into a conditional sales agreement for the purchase of a piano. The piano was delivered to the plaintiff and he paid to the defendant $100 of the installments, pursuant to the agreement and made default. The defendant on November 4, 1915, delivered to the sheriff of Kings county an affidavit, requisition and undertaking, to replevy the piano from the possession of the plaintiff herein. On November fifth the sheriff did replevy the piano and took the same into his possession, and thereafter delivered the same to this…
2Cases cited1 opinion
- Lowy v. Hardman, Peck & Co.Appellate Terms of the Supreme Court of New York · 1916
3Cited by3 opinions
- Freeman v. EngelAppellate Division of the Supreme Court of the State of New York · 1918
- Uptown Transportation Corp. v. Fisk Discount Corp.New York Supreme Court · 1934
- Waukesha Finance Corp. v. SouthardWisconsin Supreme Court · 1930