Lewin v. Towbin

Appellate Terms of the Supreme Court of New York

Lewin v. Towbin

31 Misc. 780, 65 N.Y.S. 228

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1900

StatusPublished

Cited by2 cases

This text of 31 Misc. 780 (Lewin v. Towbin) 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

Lewin v. Towbin, 31 Misc. 780, 65 N.Y.S. 228 (N.Y. Ct. App. 1900).

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Opinion

Per Curiam.

The only point raised by the appellant requiring attention relates to the alleged irregularity in the form of the ' [781]*781judgment rendered below. This being an action brought to recover a chattel, the judgment for the plaintiffs should award to them the possession of the chattel, or the sum fixed as the value thereof in possession cannot be procured. Lang Mun. Ct. Pr. 240. The judgment appealed from was not in the alternative, but it may be modified by providing that plaintiffs recover possession of the chattels in suit, and if delivery thereof cannot be made, then for the sum of eighty-one dollars, the value thereof, with seventeen dollars and fifty cents costs, and as so modified the judgment should be affirmed, without costs. Wolf v. Farley, 40 N. Y. St. Repr. 808.

Present: Beekmam, P. J.',- Giegerich and O’Gorham, JJ.

Judgment modified, and as modified affirmed, without costs.

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Per Curiam.

The only point raised by the appellant requiring attention relates to the alleged irregularity in the form of the ' [781]*781judgment rendered below. This being an action brought to recover a chattel, the judgment for the plaintiffs should award to them the possession of the chattel, or the sum fixed as the value thereof in possession cannot be procured. Lang Mun. Ct. Pr. 240. The judgment appealed from was not in the alternative, but it may be modified by providing that plaintiffs recover possession of the chattels in suit, and if delivery thereof cannot be made, then for the sum of eighty-one dollars, the value thereof, with seventeen dollars and fifty cents costs, and as so modified the judgment should be affirmed, without costs. Wolf v. Farley, 40 N. Y. St. Repr. 808.

Present: Beekmam, P. J.',- Giegerich and O’Gorham, JJ.

Judgment modified, and as modified affirmed, without costs.

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31 Misc. 780, 65 N.Y.S. 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewin-v-towbin-nyappterm-1900.

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