Samodwitz v. Karpe
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sigmund Samodwitz, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, entered upon the decision of the court dismisssing the complaint. Subdivision 14 of section 1 of the act relating to the Municipal Court of the city of New York (Laws of 1902, chap. 580) gives to that court jurisdiction of an action for “an injury to property.”
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Appeal by the plaintiff, Sigmund Samodwitz, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, entered upon the decision of the court dismisssing the complaint. Subdivision 14 of section 1 of the act relating to the Municipal Court of the city of New York (Laws of 1902, chap. 580) gives to that court jurisdiction of an action for “an injury to property.” Section 139 of that act provides as follows : “Ho action shall be maintained in this court, which arises on a written contract of conditional sale of personal property; a hiring of personal property, where…
1Opinion of the Court
Jenks, J.:
The satisfactory opinion of Lynch, J.,* renders extended discussion unnecessary. The learned counsel for the appellant insists that sec*498tion 139 of the Municipal Court Act (Laws of 1902, chap. 580) simply grants an additional remedy, and that notwithstanding that section he has an action upon the facts in this case for conversion perforce of section 1, subdivision 14, of the act because conversion is an injury to personal property. Undoubtedly, conversion is an injury to personal property, but so are actions arising upon a breach of a written contract for the conditional sale of…
2Cases cited3 opinions
- Wormser v. . BrownNew York Court of Appeals · 1896
- People v. Industrial Ben. Ass'nNew York Supreme Court · 1895
- People v. . Industrial Benefit AssociationNew York Court of Appeals · 1896
3Cited by5 opinions
- Ginzburg v. De SilvestreNew York Supreme Court · 1904
- Jacob v. Columbia Storage WarehousesAppellate Division of the Supreme Court of the State of New York · 1908
- Ginzburg v. De SilvestriAppellate Terms of the Supreme Court of New York · 1904
- Jacobs v. Columbia Storage WarehousesAppellate Terms of the Supreme Court of New York · 1907
- Bloomingdale v. WaiteCity of New York Municipal Court · 1908