STRAUB MOTORS v. BURKE FOREST MOTORS


9 Misc.2d 304 (1957)

Straub Motors, Inc., Appellant, v. Burke Forest Motors, Inc., Respondent.

Supreme Court, Appellate Term, First Department.

July 9, 1957.


Attorney(s) appearing for the Case

Oscar Blaustein and Jacob F. Gottesman for appellant.

Daniel Rosen for respondent.

HECHT, AURELIO and TILZER, JJ., concur.


Per Curiam.

McCracken was guilty of common-law larceny in making and delivering to the plaintiff the check by virtue of which he attained possession of the automobile sought to be replevied. In the circumstances, he attained no title to or right of possession thereof; nor could he give to the defendant any better title than he thus attained. (People v. Miller, 169 N.Y. 339; Shipply v. People, 86 N.Y. 375; Amols v. Bernstein, 214 App. Div...

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