Luban v. Simonds
Appellate Division of the Supreme Court of the State of New York
Appeal from municipal court, borough of Brooklyn, Third district. Action by Alexander Luban against Louis B. Simonds. Judgment for plaintiff, and defendant appeals. Affirmed.
1Opinion of the CourtGoodrich, P. J.
The action is for the recovery of chattels. The pleadings were oral, the answer being a “general 'denial and want of jurisdiction.” The defendant appeared by attorney, and the action was tried by the judge without a jury. Judgment was rendered for the plaintiff “for the recovery and possession of the property claimed, and in default thereof plaintiff to have judgment for the value of said property, which is found to be $75,” with costs. The marshal returns that he served a copy of the “summons, affidavit, undertaking,, in the city of New York, on the within-named defendant in person, at *698No.…
2Cases cited4 opinions
- In re SchultesAppellate Division of the Supreme Court of the State of New York · 1898
- Boyd v. HowdenNew York Court of Common Pleas · 1871
- Dodge Manufacturing Co. v. Nassau Show Case Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Kantro v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1899