Level Trading Corp. v. St. Paul Fire & Marine Insurance

Appellate Terms of the Supreme Court of New York

Level Trading Corp. v. St. Paul Fire & Marine Insurance

160 Misc. 173, 289 N.Y.S. 699, 1936 N.Y. Misc. LEXIS 1696

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 30, 1936

StatusPublished

This text of 160 Misc. 173 (Level Trading Corp. v. St. Paul Fire & Marine Insurance) 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

Level Trading Corp. v. St. Paul Fire & Marine Insurance, 160 Misc. 173, 289 N.Y.S. 699, 1936 N.Y. Misc. LEXIS 1696 (N.Y. Ct. App. 1936).

Pincite

Opinions

Per Curiam.

Plaintiff, a finance company, was only protected against conversion by its customer. When the latter defaulted, plaintiff sued her on the promissory note and was defeated by a counterclaim for breach of warranty. The result of this suit confirmed the rightful possession of the car by the customer and made a claim against defendant insurance company ineffective because no conversion could thereafter be proved.

Order reversed, with ten dollars costs, and motion granted.

Levy and Hammer, JJ., concur; Callahan, J., dissents, with memorandum.

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Per Curiam.

Plaintiff, a finance company, was only protected against conversion by its customer. When the latter defaulted, plaintiff sued her on the promissory note and was defeated by a counterclaim for breach of warranty. The result of this suit confirmed the rightful possession of the car by the customer and made a claim against defendant insurance company ineffective because no conversion could thereafter be proved.

Order reversed, with ten dollars costs, and motion granted.

Levy and Hammer, JJ., concur; Callahan, J., dissents, with memorandum.

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Bluebook (online)

160 Misc. 173, 289 N.Y.S. 699, 1936 N.Y. Misc. LEXIS 1696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/level-trading-corp-v-st-paul-fire-marine-insurance-nyappterm-1936.