Hauss v. Savarese
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, second district, borough of Manhattan, dismissing the plaintiff’s complaint.
1Opinion of the CourtCohalan, J.
The action was brought to foreclose a lien on chattels sold under a conditional bill of sale, *331and the answer was a general denial. The chattels - were butcher fixtures and the agreed price therefor was $330. It is not disputed that all of the fixtures were delivered and were in constant use by the defendant. The defendant, however, asserted that they were received in an unsatisfactory condition, and, while he did not interpose a counterclaim for damages for alleged repairs, he contends that the balance of $70 due should not be paid on account of the imperfect condition of the fixtures.
Under…
2Cases cited3 opinions
- Osborn v. . GantzNew York Court of Appeals · 1875
- English v. HanfordNew York Supreme Court · 1894
- Singer Sewing Machine Co. v. LeipzigAppellate Terms of the Supreme Court of New York · 1908
3Cited by1 opinion
- Shimel v. Williams Oven Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1916