Legal Opinion

Scognamillo v. Passarelli

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 1913PublishedCited by 7 opinions

Appeal by the plaintiff, Salvatore Scognamillo, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of January, 1913, as resettled by an order entered in said clerk’s office on the 24th day of February, 1913, overruling a demurrer to a counterclaim contained in the amended answer of the defendants Antonio Passarelli and Alfonso Passarelli.

1Opinion of the Court

Laughlin, J.:

This is an action in replevin to recover two oil paintings which the plaintiff alleges were delivered by him to the defendants Passarelli on the 15th day of September, 1911, for the purpose of selling the same and remitting the proceeds, and in the event that they were not sold, to be returned on demand. It is alleged that the paintings were not sold, and that on the 12th day of August, 1912, plaintiff duly demanded *429the return thereof, which was refused, and thereupon he brought this action. It is further alleged that through a certain criminal action or proceeding the paintings…

2Cases cited10 opinions

  1. Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
  2. Walker v. American Central InsuranceNew York Court of Appeals · 1894
  3. Cooper v. KippAppellate Division of the Supreme Court of the State of New York · 1900
  4. Deagan v. WeeksAppellate Division of the Supreme Court of the State of New York · 1901
  5. Bernheimer v. HartmayerAppellate Division of the Supreme Court of the State of New York · 1900

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3Cited by7 opinions

  1. Giglotti v. Hawkins, New York County Courts1927
  2. Harrison v. Frederick Loeser & Co.Appellate Division of the Supreme Court of the State of New York · 1914
  3. Mingey v. Queensboro Storage Warehouse, Inc.City of New York Municipal Court · 1938
  4. Pezenik v. GreenbergAppellate Terms of the Supreme Court of New York · 1916
  5. Fleming v. JacksonAppellate Division of the Supreme Court of the State of New York · 1928

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