Simpson Crawford Co. v. Knight

Appellate Terms of the Supreme Court of New York

Simpson Crawford Co. v. Knight

130 N.Y.S. 236

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 29, 1911

StatusPublished

Cited by1 cases

This text of 130 N.Y.S. 236 (Simpson Crawford Co. v. Knight) 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

Simpson Crawford Co. v. Knight, 130 N.Y.S. 236 (N.Y. Ct. App. 1911).

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Opinion

SEABURY, J.

This is an action to foreclose a lien upon a chattel. The plaintiff sold a piano to the defendant under a .conditional sale agreement, and proved that $70.42 was due and unpaid under the contract. The plaintiff also proved that it made repairs upon the-piano, at the defendant’s request, of the value of $50. No claim for this sum is made in the complaint. The plaintiff had no lien upon the-chattel for the amount of this last item. The court erred in awarding the plaintiff a judgment for an amount including the $50 item and directing that the chattel be sold to satisfy the amount of the plaintiff’s claim.

The judgment is modified, by reducing the same to the sum of $70.42, with appropriate costs in the court below, and, as modified,, affirmed, without costs of this appeal to either party. All concur.

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SEABURY, J.

This is an action to foreclose a lien upon a chattel. The plaintiff sold a piano to the defendant under a .conditional sale agreement, and proved that $70.42 was due and unpaid under the contract. The plaintiff also proved that it made repairs upon the-piano, at the defendant’s request, of the value of $50. No claim for this sum is made in the complaint. The plaintiff had no lien upon the-chattel for the amount of this last item. The court erred in awarding the plaintiff a judgment for an amount including the $50 item and directing that the chattel be sold to satisfy the amount of the plaintiff’s claim.

The judgment is modified, by reducing the same to the sum of $70.42, with appropriate costs in the court below, and, as modified,, affirmed, without costs of this appeal to either party. All concur.

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Bluebook (online)

130 N.Y.S. 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpson-crawford-co-v-knight-nyappterm-1911.

Opinion

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