Porges v. Cohen
Appellate Terms of the Supreme Court of New York
Appeal from a judgment, rendered in favor of the plaintiff in the Municipal Court of the city of New York, borough of Manhattan, fifth district, in an action of replevin.
1Per curiam
The order or direction of the justice dismissing the former action instituted to recover the chattels in question ■ “ for failure to place on calendar,” was not a final judgment in that action within the meaning of section 1691 of the Code of Civil Procedure, and did not, therefore, operate as a bar to a recovery in this action. But we think that the judgment should be reversed for the reason that no demand is shown to have been made upon the defendant before the commencement of the action. Where an action is brought, as is the case here, for the wrongful detention of the property, and it…
2Cited by3 opinions
- Borneo Sumatra Trading Co. v. Security Door & Panel Corp.New York Supreme Court · 1959
- Fleischman v. GlaserAppellate Terms of the Supreme Court of New York · 1899
- Fleischman v. GlaserAppellate Terms of the Supreme Court of New York · 1899