Schenkel v. Langweil

Appellate Terms of the Supreme Court of New York

Schenkel v. Langweil

113 N.Y.S. 1145

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 24, 1908

StatusPublished

This text of 113 N.Y.S. 1145 (Schenkel v. Langweil) 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

Schenkel v. Langweil, 113 N.Y.S. 1145 (N.Y. Ct. App. 1908).

Pincite

Opinion

PER CURIAM.

By a clear preponderance of proof plaintiff has shown that he bought a certain baby carriage of the F. A. Whitney Company, and that, through an error, said earrriage was delivered to defendant, from whom plaintiff has duly demanded the carriage; but defendant refuses to give it to plaintiff, claiming that it was one that had been bought by defendant. Indeed, the court below itself stated that the only issue was as to the value of the carriage, thereby apparently conceding plaintiff’s title to the same. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

By a clear preponderance of proof plaintiff has shown that he bought a certain baby carriage of the F. A. Whitney Company, and that, through an error, said earrriage was delivered to defendant, from whom plaintiff has duly demanded the carriage; but defendant refuses to give it to plaintiff, claiming that it was one that had been bought by defendant. Indeed, the court below itself stated that the only issue was as to the value of the carriage, thereby apparently conceding plaintiff’s title to the same. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

Cite This Page — Counsel Stack

Bluebook (online)

113 N.Y.S. 1145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schenkel-v-langweil-nyappterm-1908.