Legal Opinion

Johnstone v. Weibel

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

Decided March 5, 1909PublishedCited by 2 opinions

Appeal by the defendant, Adolph Weibel, from a judgment of the Municipal Court-of the city of Mew York" in favor of the plaintiff, rendered on September 28, 1908. ■

1Opinion of the Court

Rich, J.:

This action was commenced by the service of a summons stating that if the' defendant failed' .to appear jiidgmen't would he-taken against him for twenty-six dollars and fifty cents and costs, of the action. The pleadings were oral, the plaintiff’s, attorney stating; that his complaint was for “ claim and delivery and damages.” It appears from the 'bill of' particulars that his cause of [action is based upon the ownership of a ¡safe, fin the possession of the defendant, *167which he demands, with damages sustained in consequence of defendant’s refusal to deliver it to him. The municipal…

2Cases cited2 opinions

  1. Hammond v. . MorganNew York Court of Appeals · 1886
  2. Sharp v. ClappAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by2 opinions

  1. New York & Brooklyn Brewing Co. v. AngeloAppellate Division of the Supreme Court of the State of New York · 1911
  2. Stone v. ChurchNew York County Court, Broome County · 1939

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