Agulnick v. Rauch

Appellate Terms of the Supreme Court of New York

Agulnick v. Rauch

148 N.Y.S. 137

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 18, 1914

StatusPublished

This text of 148 N.Y.S. 137 (Agulnick v. Rauch) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Agulnick v. Rauch, 148 N.Y.S. 137 (N.Y. Ct. App. 1914).

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Opinion

PER CURIAM.

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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PER CURIAM.

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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Bluebook (online)

148 N.Y.S. 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agulnick-v-rauch-nyappterm-1914.

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