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American Can Co. v. U. S. Canning Corp.

15 Misc. 2d 549, 180 N.Y.S.2d 983, 1958 N.Y. Misc. LEXIS 2524
CourtAppellate Terms of the Supreme Court of New York
DecidedOctober 16, 1958
StatusPublished
Cited by4 cases

This text of 15 Misc. 2d 549 (American Can Co. v. U. S. Canning Corp.) 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
American Can Co. v. U. S. Canning Corp., 15 Misc. 2d 549, 180 N.Y.S.2d 983, 1958 N.Y. Misc. LEXIS 2524 (N.Y. Ct. App. 1958).

Opinions

Per Curiam.

The learned court below was in error in concluding that the equipment lease was in fact a purchase agreement. There is no evidence that the rentals were to be considered as installments of purchase price even when the document headed ‘ ‘ Instalment Purchase ” is considered. Obviously this unsigned instrument is not in itself an agreement, as the court recognized. It does not support the intervening defendant’s contention that the equipment lease contemporaneously signed was other than what it purported to be. As the machine was merely leased the intervenor gained no rights by virtue of his mortgage. The judgment in his favor should be therefore reversed, with $30 costs, and judgment for possession of the machine awarded to plaintiff, with costs.

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Related

Xerox Corp. v. Smith
67 Misc. 2d 752 (Civil Court of the City of New York, 1971)
Carousel, Inc. v. Ingegno
42 Misc. 2d 161 (New York Supreme Court, 1963)
Robert Allen and Helen Allen v. Ronald S. Cohen, Trustee in Bankruptcy of Melvin F. Cady
310 F.2d 312 (Second Circuit, 1962)
American Can Co. v. U. S. Canning Corp.
9 A.D.2d 746 (Appellate Division of the Supreme Court of New York, 1959)

Cite This Page — Counsel Stack

Bluebook (online)
15 Misc. 2d 549, 180 N.Y.S.2d 983, 1958 N.Y. Misc. LEXIS 2524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-can-co-v-u-s-canning-corp-nyappterm-1958.