Leonard v. Harris
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Caroline Harris, from a judgment of the County Court of Albany county in favor of the plaintiff, entered in the office of the clerk of said county on the 28th day of June, 1911, affirming a judgment of the City-Court of the city of Albany in favor of the^ plaintiff entered in the office of. the clerk of said City Court on the 16th day of December, 1910. , f • ' The action was brought to recover a piano sold by the plañir tiff to Mrs. Mann.
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Appeal by the defendant, Caroline Harris, from a judgment of the County Court of Albany county in favor of the plaintiff, entered in the office of the clerk of said county on the 28th day of June, 1911, affirming a judgment of the City-Court of the city of Albany in favor of the^ plaintiff entered in the office of. the clerk of said City Court on the 16th day of December, 1910. , f • ' The action was brought to recover a piano sold by the plañir tiff to Mrs. Mann. The sale took place April' 30, 1895. The parties traded pianos and •- Mrs. Mann gave a note- for the difference in value, $225,…
1Dissent
Smith, P. J. (dissenting):
Assuming for the argument that chapter 418 of the Laws of 1891 was retroactive, so as to require the filing of a conditional contract of sale in order to protect the conditional vendor from a subsequent pledge of a piano in good faith, the-difficulty with defendant’s position is that neither she nor the pledgee, from whom she derived title, was a purchaser or pledgee in good faith. It is conceded that the defendant got her right by gift from her mother-in-law, Mrs. Davis. Mrs. Davis took the piano under pledge for an antecedent debt, and, therefore, is not protected…
2Cases cited1 opinion
- Russell v. St. MartAppellate Division of the Supreme Court of the State of New York · 1903