Gormully & Jeffery Manufacturing Co. v. Cross
New York Supreme Court
Appeal from a judgment of the Municipal Court of the city of Few York, borough of Brooklyn. The action was brought to recover the aggregate of several installments alleged to be due and unpaid by the terms of a written instrument, executed by the defendant, described as a lease in the complaint, but which was claimed by defendant to be a conditional bill of sale, whereby the defendant received possession of a bicycle the title to which was to remain in the plaintiff until…
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Appeal from a judgment of the Municipal Court of the city of Few York, borough of Brooklyn. The action was brought to recover the aggregate of several installments alleged to be due and unpaid by the terms of a written instrument, executed by the defendant, described as a lease in the complaint, but which was claimed by defendant to be a conditional bill of sale, whereby the defendant received possession of a bicycle the title to which was to remain in the plaintiff until the full payment of the installments of rent, when the bicycle was to be sold to plaintiff for a consideration equal to…
1Opinion of the CourtGarretson, J.
This action was brought upon a written instrument, and whether it be called a lease or conditional bill of sale is immaterial. It may with entire propriety be termed a contract without doing violence to any rule of law.
Upon the trial the defendant, under objection and exception by the plaintiff, was permitted to testify to a conversation had between the plaintiff’s agent and himself, in which the agent agreed that certain changes and alterations would be made to the bicycle which was the subject of the contract.
The plaintiff insists that the admission of this testimony was error and calls for…
2Cases cited2 opinions
- House v. . WalchNew York Court of Appeals · 1895
- Hall v. BestonNew York Supreme Court · 1896
3Cited by2 opinions
- McCaskey Register Co. v. Green, New York County Courts1908
- American Multigraph Sales Co. v. Fred R. Jones & Co.Appellate Terms of the Supreme Court of New York · 1909