Legal Opinion

Dean v. Bauer

Appellate Terms of the Supreme Court of New York

Decided September 15, 1917Published

Appeal by defendants from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, sixth district, in favor of the plaintiff and against the defendants.

1Opinion of the CourtJaycox, J.

The action was brought to recover the sum of $285, the amount alleged to have been paid by the plaintiff, pursuant to a conditional sale of a piano, by reason of the alleged unlawful retaking of said piano by the defendants from the plaintiff, in violation of section 65 of the Personal Property Law.

The defendants admit the contract; admit the amount paid and also the retaking, but they claim that the retaking was pursuant to an agreement for the rescission of the contract of sale or the modification of the original contract. They also claim that the Municipal Court has. no jurisdiction of an…

2Cases cited2 opinions

  1. Seabott v. WanamakerAppellate Division of the Supreme Court of the State of New York · 1914
  2. Cabello v. HarburgerAppellate Terms of the Supreme Court of New York · 1916

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