Appellate Division of the Supreme Court of New York, 1921

Schummers v. Martin

Schummers v. Martin
Appellate Division of the Supreme Court of New York · Decided October 15, 1921
199 A.D. 908
Schummers v. Martin

Opinion of the Court

Judgment and order reversed and new trial granted, upon questions of law and fact, with costs to appellant to abide event. Held, at most the defendant had a lien only upon the rights of the lessee in the automobile, the general owner not having consented to the making of the repairs; and it appearing conclusively that when the general owner (the plaintiff) made a demand for the possession of the automobile, the rights of the lessee had been terminated, the defendant wrongfully withheld the same from the plaintiff, and the only question which should have been submitted to the jury was the question of damages. All concur.

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