Weil Bros. v. Stern

Appellate Terms of the Supreme Court of New York

Weil Bros. v. Stern

136 Misc. 265, 240 N.Y.S. 639, 1930 N.Y. Misc. LEXIS 1108

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 13, 1930

StatusPublished

This text of 136 Misc. 265 (Weil Bros. v. Stern) 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

Weil Bros. v. Stern, 136 Misc. 265, 240 N.Y.S. 639, 1930 N.Y. Misc. LEXIS 1108 (N.Y. Ct. App. 1930).

Pincite

Opinion

Per Curiam.

The chattel mortgage involved herein is dated January 3, 1928. Of course the hotelkeeper could not have had notice of its existence prior to that date. In addition, assuming that there was a valid chattel mortgage on the guest’s property of which the innkeeper had actual notice he would not appear to be deprived of his hen under section 181 of the Lien Law as long as the guest was legally in possession of the goods and the owner thereof. A valid hen appears to exist as to at least part of the sums claimed in the answer.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Lydon, Callahan and Peters, JJ.

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Per Curiam.

The chattel mortgage involved herein is dated January 3, 1928. Of course the hotelkeeper could not have had notice of its existence prior to that date. In addition, assuming that there was a valid chattel mortgage on the guest’s property of which the innkeeper had actual notice he would not appear to be deprived of his hen under section 181 of the Lien Law as long as the guest was legally in possession of the goods and the owner thereof. A valid hen appears to exist as to at least part of the sums claimed in the answer.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Lydon, Callahan and Peters, JJ.

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Bluebook (online)

136 Misc. 265, 240 N.Y.S. 639, 1930 N.Y. Misc. LEXIS 1108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weil-bros-v-stern-nyappterm-1930.