203 A.D. 827 | N.Y. App. Div. | 1922
A man by the name of Tolson was doing business under the firm name and style of A. M. Tolson & Co., and was engaged in the sale of gloves manufactured by various concerns including the plaintiffs, Perrin & Co. and the Prevot Company. Fleitmann & Co., one of the plaintiffs, was a factor for the sale, and it had a lien upon all the goods of Tolson & Co. It also claims by assignment from Tolson & Co., executed before the commencement of this action. There were fifty boxes of gloves. It is alleged, and not disputed, that seven of these boxes were the property of Perrin & Co., and seven of them were the property of the Prevot Company. The plaintiff Fleitmann claimed to have a factor’s lien upon the other
The order should, therefore, be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs.
Clarke, P. J., Page, Greenbaum and Finch, JJ., concur.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.