Gibbons v. Luke
New York Supreme Court
Appeal bj defendant from a judgment, entered upon decision of the court at the Monroe Circuit. The action was brought to recover the possession of a piano, which, in January, 1882, the plaintiffs had delivered to the defendant under a written agreement'executed by him, whereby he stated that he had received from them the piano, at the purchase-price of $400, of which five dollars was then paid and the balance, with interest, he agreed to pay in installments of five dollars…
Read the full summary
Appeal bj defendant from a judgment, entered upon decision of the court at the Monroe Circuit. The action was brought to recover the possession of a piano, which, in January, 1882, the plaintiffs had delivered to the defendant under a written agreement'executed by him, whereby he stated that he had received from them the piano, at the purchase-price of $400, of which five dollars was then paid and the balance, with interest, he agreed to pay in installments of five dollars February second, and ten dollars monthly thereafter, and when fully paid he should have title, and that in the meantime…
1Opinion of the Court
JBeadley, J.:
The defendant originally had the lawful possession of the property, and was entitled to retain such possession until a legal opportunity arose to terminate it and the election of the plaintiffs to do so. The right so to elect depended upon default or some other violation of the contract under which the defendant might take possession.
About the 1st of November, 1883, the defendant was in default, aud the plaintiffs then had the right for that reason to the possession of the property; and in the exercise of that right did demand of the defendant the possession of it, which was…
2Cases cited4 opinions
- Murray v. . HarwayNew York Court of Appeals · 1874
- Murray v. BurlingNew York Supreme Court · 1813
- Carter v. KingmanMassachusetts Supreme Judicial Court · 1870
- Spencer v. BlackmanNew York Supreme Court · 1832