Legal Opinion

Weiss v. Leichter

Appellate Terms of the Supreme Court of New York

Decided January 8, 1909Published

Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Alfred Weiss against Isidor Leichter. From a judgment for plaintiff, defendant appeals.

1Per curiam

Defendant guaranteed the performance by his son of the latter’s obligations under an agreement in the form of a lease of a moving picture apparatus by plaintiff to defendant’s said son. The latter defaulted in his payments, and plaintiff took back the apparatus, and sued defendant on the guaranty. The agreement between plaintiff and defendant’s son contained an option to the latter for the purchase by him of the machine for $203, the total amount of all rental dues, upon full payment of such dues, and the contract must be regarded as a conditional sale, with title remaining in plaintiff until…

2Cases cited5 opinions

  1. Antisdel v. . WilliamsonNew York Court of Appeals · 1901
  2. Hoffman v. White Sewing Machine Co.Appellate Division of the Supreme Court of the State of New York · 1908
  3. Equitable General Providing Co. v. PotterAppellate Terms of the Supreme Court of New York · 1897
  4. Equitable General Providing Co. v. EisentragerAppellate Terms of the Supreme Court of New York · 1900
  5. Miller v. MortonNew York Supreme Court · 1895

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