Saitch v. Kelley — 217 N.Y. 719

Majority

p. 719

Joseph Saitch, Respondent, v. Elmer W. Kelley, Appellant.

Headnote

Saitch v. Kelley, 162 App. Div. 928 , affirmed.

(Submitted March 17, 1916;

decided April 11, 1916.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 19, 1914, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. This appeal involves a contract of conditional sale of an automatic player piano. Plaintiff has recovered a judgment for the payment made on the contract, as provided in the Personal Property Law, owing to the failure of

p. 720

the vendor — the appellant — to retain and sell the piano, as provided in said law, after a retaking by him.

John J. Mclnerney for appellant.

Merle Lewis Sheffer for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Hiscock, Chase, Collin, Hogan, Cardozo and Seabury, JJ.