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Gerber v. Mandel

Supreme Court, Appellate Term
Mar 1, 1899
26 Misc. 825 (N.Y. App. Term 1899)

Opinion

March, 1899.

August P. Wagener, for appellants.

Ignatz Irving Aepfel, for respondent.


This action is of the same nature and upon substantially the same state of facts as the action of Frischman and Schlesinger against the same defendants. Ante, p. 820.

The fact that the plaintiff in this case obtained an instrument in writing, signed by the defendant Mandel in which plaintiff attempted to retain title in himself until the property taken by Mandel was accounted for, would in the view most favorable for the plaintiff, only bring the case within the law relative to conditional sales of personal property (Laws 1898, chap. 418, §§ 112, 113, 115), and as the plaintiff did not comply with the requirements of that law he is not benefited thereby. The same reasoning applies in this case as in the Frischman case above mentioned, and the same result is reached.

Judgment reversed, new trial ordered, with costs to the appellants to abide the event.

MacLEAN and LEVENTRITT, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellants to abide event.


Summaries of

Gerber v. Mandel

Supreme Court, Appellate Term
Mar 1, 1899
26 Misc. 825 (N.Y. App. Term 1899)
Case details for

Gerber v. Mandel

Case Details

Full title:LOUIS GERBER, Respondent, v . MORRIS MANDEL et al., Appellants

Court:Supreme Court, Appellate Term

Date published: Mar 1, 1899

Citations

26 Misc. 825 (N.Y. App. Term 1899)