Wuertz v. Braun
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Otto W. Wuertz, from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the defendant.
1Opinion of the Court
Hooker, J.:
This action is to foreclose a lien on a piano. The appeal is by the plaintiff from a judgment dismissing the complaint upon the merits.. The ease was before this court on an appeal from a judgment dismissing the complaint at the first trial ( Wuertz v. Braun, 113 App. Div. 459), and we then held that the plaintiff made out a ¡prima faeie case and should not have been dismissed.
The defendant Irma Braun is the wife of the defendant Isidor Braun ; she alone was personally served and alone answers. Her husband deserted her between the time of the purchase of the piano and the…
2Cases cited1 opinion
- Wuertz v. BraunAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- First National Bank v. KlingNorth Dakota Supreme Court · 1934
- State v. ConfortoSupreme Court of Louisiana · 1952