Boschen v. Multicolor Sales Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Bronx, second district, dismissing the complaint.
1Opinion of the CourtGuy, J.
The action was brought to recover the $175 cash payment on a conditional sale of a printing press and equipment for $175 and six $50 notes (in all $475) on the theory that defendant illegally retook the chattel in violation of section 65 of the Personal Property Law and retained the $175 cash, though not the $300 notes.
The defense was a new contract to cancel the sale and return plaintiffs the $300 notes; plaintiffs to return the chattel and defendant to retain the $175 cash.
Plaintiffs proved the contract, its terms, the payment of $175 cash and the delivery of the $300 notes; that after…
2Cases cited4 opinions
- Crowe v. . Liquid Carbonic Co.New York Court of Appeals · 1913
- Brady v. . CassidyNew York Court of Appeals · 1895
- Seeley v. Prentiss Tool & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Breakstone v. Buffalo Foundry & Machine Co.Appellate Division of the Supreme Court of the State of New York · 1915
3Cited by4 opinions
- Waverly, Sayre & Athens Transp. Co. v. General Motors Truck Co.District Court, M.D. Pennsylvania · 1940
- Fisher v. Stewart Motor Corp.New York City Court · 1928
- McDougall v. ShoemakerAppellate Division of the Supreme Court of the State of New York · 1922
- Manhattan Taxi Service Corp. v. Mogul Finance Corp.New York Supreme Court · 1931