Agulnick v. Rauch
148 N.Y.S. 137
Opinion
The defendant did not demand judgment for the return of the chattels in his answer. Mun. Ct. Act, § 123. Therefore the court was without power to grant judgment in his favor for a return of the chattels, or in default thereof judgment for the value of the chattels against the plaintiff. Beck v. Schneider, 84 Misc. Rep. 23, 145 N. Y. Supp. 1046.
The judgment will therefore be modified, by striking therefrom those provisions, and, as modified, affirmed, without costs to either party of this appeal.
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Agulnick v. Rauch, 148 N.Y.S. 137 (N.Y. Ct. App. 1914).
148 N.Y.S. 137 (Agulnick v. Rauch) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Beck v. Schneider
84 Misc. 23 (Appellate Terms of the Supreme Court of New York, 1914)