Harrison v. . Scott
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1909, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1909, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The giving by the Arto-Litho Company of the chattel mortgage upon the press and other machinery, and obtaining thereon the sum of $10,000 to use in its business, allowing the mortgagee to take possession under this mortgage and selling the…
1Opinion of the CourtHiscock, J.
This action was brought by the respondent as assignee of the Arto-Litho Company, to recover $3,000 paid by the latter on the purchase price of a printing machine bought by it from appellants’ testator. The action was based on the allegations that said machine proved unsatisfactory to the vendee and that, therefore, under the contract of sale it could be returned and said money recovered. The only question urged for our consideration on this appeal is the one springing out of the defense that after delivery to it of said machine the vendee executed a chattel mortgage thereon, and that this was…
2Cases cited6 opinions
- Phillips v. Ocmulgee MillsSupreme Court of Georgia · 1876
- Jones v. . ReynoldsNew York Court of Appeals · 1890
- Leggett & Meyer Tobacco Co. v. CollierSupreme Court of Iowa · 1893
- D. M. Osborne & Co. v. McQueenWisconsin Supreme Court · 1886
- Hill v. McDonaldWisconsin Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- White v. . SchweitzerNew York Court of Appeals · 1917
- Tex-O-Kan Flour Mills Co. v. NordLouisiana Court of Appeal · 1944
- Black Beauty Coal Co. v. CohenMassachusetts Supreme Judicial Court · 1929
- Sig. C. Mayer & Co. v. SmithOregon Supreme Court · 1924