Legal Opinion
Sturman v. Polito
Rochester City Court
Decided November 11, 1936PublishedCited by 3 opinions
1Opinion of the CourtTompkins, J.
The plaintiffs seek to replevy articles of household furniture sold under a written agreement for $576.15, and on which there is unpaid $101.25. Their present value is fixed at $250. Although the agreement provides for forfeiture of all sums paid, on the buyer’s default, nevertheless it is a conditional contract of sale and is subject to the provisions of the Uniform Conditional Sales Act. (Pers. Prop. Law, § 61, definition of “ conditional sales.”)
The defendant defaulted, and the plaintiffs move for judgment and put the contract in evidence.
The contract, largely printed, prepared by the…
2Cases cited9 opinions
- Reiner v. North American Newspaper AllianceNew York Court of Appeals · 1932
- Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
- Attridge v. PembrokeAppellate Division of the Supreme Court of the State of New York · 1932
- Cooper v. KippAppellate Division of the Supreme Court of the State of New York · 1900
- Townsend v. . BargyNew York Court of Appeals · 1874
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3Cited by3 opinions
- Cherno v. Bank of BabylonNew York Supreme Court · 1967
- McGahern v. Koppers Coal Co.Court of Appeals for the Third Circuit · 1940
- American Can Co. v. U. S. Canning Corp.City of New York Municipal Court · 1958