Funk & Wagnalls Co. v. Miller

Appellate Terms of the Supreme Court of New York

Funk & Wagnalls Co. v. Miller

146 N.Y.S. 187

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 5, 1914

StatusPublished

This text of 146 N.Y.S. 187 (Funk & Wagnalls Co. v. Miller) 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

Funk & Wagnalls Co. v. Miller, 146 N.Y.S. 187 (N.Y. Ct. App. 1914).

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Opinion

GUY, J.

This action was brought to foreclose a lien on chattels sold under a contract of conditional sale. There was a verified complaint, but no answer or demurrer was filed.

Plaintiff proved a prima facie case, and asked for judgment for the foreclosure of its lien of $72.08, including interest; the court then undertook to settle the-matter by advising the gradual payment by defendant of the amount called for by the contract of conditional sale; thereafter a dispute arose as to which the details are lacking. The court terminated the dispute by rendering judgment for defendant on the merits, thereby in legal effect vesting the legal title to the chattels in defendant. Clark v. Scovill, 198 N. Y. 279, 284-286, 91 N. E. 800. On the proceedings and evidence as returned, no defense was either pleaded or proven.

Under the present Municipal Court Act (Laws 1902, c. 580, § 145), where there is a verified complaint in an action for more than $50, a written answer or demurrer is required to raise an issue.

Judgment reversed, with costs, and judgment of foreclosure granted, with costs. All concur.

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GUY, J.

This action was brought to foreclose a lien on chattels sold under a contract of conditional sale. There was a verified complaint, but no answer or demurrer was filed.

Plaintiff proved a prima facie case, and asked for judgment for the foreclosure of its lien of $72.08, including interest; the court then undertook to settle the-matter by advising the gradual payment by defendant of the amount called for by the contract of conditional sale; thereafter a dispute arose as to which the details are lacking. The court terminated the dispute by rendering judgment for defendant on the merits, thereby in legal effect vesting the legal title to the chattels in defendant. Clark v. Scovill, 198 N. Y. 279, 284-286, 91 N. E. 800. On the proceedings and evidence as returned, no defense was either pleaded or proven.

Under the present Municipal Court Act (Laws 1902, c. 580, § 145), where there is a verified complaint in an action for more than $50, a written answer or demurrer is required to raise an issue.

Judgment reversed, with costs, and judgment of foreclosure granted, with costs. All concur.

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146 N.Y.S. 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/funk-wagnalls-co-v-miller-nyappterm-1914.

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