Appellate Terms of the Supreme Court of New York, 1924

Meyer v. Sherwood Automobile Corp.

Appellate Terms of the Supreme Court of New York · Decided November 11, 1924

123 Misc. 923; 206 N.Y.S. 645; 1924 N.Y. Misc. LEXIS 1237

Counsel

Almy, Van Gordon & Evans {William S. Evans, of counsel), for the appellant., Pitkin & Rosensohn {Samuel J. Rosensohn, of counsel), for the respondent.

Opinion of the Court

Per Curiam.

The chattel having been sold under the judgment in the replevin action without notice to the conditional vendee as prescribed in section 66 of the Personal Property Law (Laws of 1909, chap. 45), the vendor is liable in accordance with section *92465 of that statute, and it was unnecessary to prove the vendee’s damages.

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

All concur; present, Guy, Bijur and Mullan, JJ.

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