HIRSH v. KAMINSKI


282 A.D. 1009 (1953)

Alvin Hirsh, Doing Business as Buffalo Merchandise and as Buffalo Merchandise Exchange, Appellant, v. Helen Kaminski, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 18, 1953.


Judgment affirmed, with costs.

Memorandum:

The plaintiff himself testified that the defendant had paid in full for the items delivered to the defendant. Thus, the plaintiff cannot succeed in this action to replevin those items inasmuch as title to them has passed to the defendant. The judgment appealed from dismissing the plaintiff's complaint in this replevin action, of course, does not foreclose the plaintiff from pursuing his pending action for breach...

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