Straub Motors, Inc. v. Burke Forest Motors, Inc.

Appellate Terms of the Supreme Court of New York

Straub Motors, Inc. v. Burke Forest Motors, Inc.

9 Misc. 2d 304, 164 N.Y.S.2d 611, 1957 N.Y. Misc. LEXIS 2733

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 9, 1957

StatusPublished

This text of 9 Misc. 2d 304 (Straub Motors, Inc. v. Burke Forest Motors, Inc.) 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

Straub Motors, Inc. v. Burke Forest Motors, Inc., 9 Misc. 2d 304, 164 N.Y.S.2d 611, 1957 N.Y. Misc. LEXIS 2733 (N.Y. Ct. App. 1957).

Pincite

Opinion

Per Curiam.

McCracken was guilty of common-law larceny in making and delivering to the plaintiff the check by virtue of which he attained possession of the automobile sought to be replevied. In the circumstances, he attained no title to or right of possession thereof; nor could he give to the defendant any better title than he thus attained. (People v. Miller, 169 N. Y. 339; Shipply v. People, 86 N. Y. 375; Amols v. Bernstein, 214 App. Div. 469.)

The judgment should be reversed, with $30 costs. The judgment should he directed for the plaintiff and case remitted to the court below for the assessment of plaintiff’s damages.

Hecht, Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.

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