Appellate Terms of the Supreme Court of New York, 1908

Ludwick v. Davenport-Treacy Piano Co.

Ludwick v. Davenport-Treacy Piano Co.
Appellate Terms of the Supreme Court of New York · Decided November 24, 1908
112 N.Y.S. 1023 (New York Supplement)

Counsel

Abraham Oberstein, for appellant., David J. Wagner, for respondent.

Ludwick v. Davenport-Treacy Piano Co.

Opinion of the Court

PER CURIAM.

There is no direct evidence nor any testimony from which a legitimate inference can be drawn that Cassidy, to whom the plaintiff had delivered her piano for repairs and which is the subject of this action, had any authority to deliver the same to the defendant, without which evidence it would have no right to enforce a lien against the plaintiff. Gluckman v. Kleiman, 3 Misc. Rep. 97, 22 N. Y. Supp. 549.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.