The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-20
THE COURTS.
Judicial Interpretation of Condi-
tional Purchases.
THE HARD CONTRACTS OF THE POOR.
The Emma Mine Suit Drawing t
Close.
EDlSON'S ELECTRICAL COMPLICATIONS

A decision rendered yesterday by tho General Term
o, the Marine Court the question OF the validity OF
contracts OF what are known as "nsiament" or con-
u.tona salcs'' will doubtless be OF sorrowiul interest
10 the very numerous poor who have been compelled
20 ayai themselves OF that system OF purchase RI
AMOS sewing machines and household furniture are
The principal kinds OF goods purchased terms
tho latter almost exclusively by persons 0! very
moderate means; but their bargains IN relation
10 them, though hard 10 be regarded
m law as binding. The majority Of suits
growing out OF such contracts ara brought IN
the Marine Court, and the present decison iorthed,
rs be- by decisions In other courts may DC
regarded as the by which suors OF this class must
be bound The facts OF the and substance Of the
decision may be briefly stated as ollows-1eorse ".
Rathbun contracted with Horace Waters Son Tor
piano at the agreed price OF 1878 The piano was 70
be PAID for IN three instalmen,s. The first ;nstament
was paid the others not and IN consequence OF sucn
default Waters resumed possession Of The piano. The
couirac; provided that the second and third install
ncnts we're not pad the nrst was TO be applied as
rem, for the Of the piano. Rathbun died, and
bis widow and children, 10 whom ne mad pre-.
viously assigned his claim. sued Waters 10
recover damages for taking the piano oul Oh .her
possession The jury at the Marine Court Tra. Term
awarded them $ls7 90 damages. and from the iudg
meni THIS verdict The defendants appealed
The appeal was argued at The General Term before
Judges Alker and McAdan, who nave just rendered
their DECISION dsposng OF the appeal Judge McAdan,
delivering the opinion Of the Court. IN speaking or
these sales says:-.lt will have been observed from
the peculiar conditions OF the contract that Rnthbun
received possession OF the piano what IS commonly
known as time contract upon the conditional
sale or instament plan. THIS is system
Of recent growth. quite prevalent IN
large cities and Is paironizcd chiefly
by people of limited who are BY II enabled 70
obtan without ready money the possession and OF
whatever household goods they require, with what
may be termed inchoate right OF ownership therein
10 mature into indeleaslbo title, upon payment
OF certain instruments specified times. The condi-
lions generally i'm posed that # default be mado oy
the proposed purchaser in tho payment OF install
ments the performance OF the conditions, al the
lime and in the manner specined, the tue
D! the original owner Is not only preserved
unimpaircd but his right TO tho immediate
possession is ipso tactic restored. II the pro-
posed purchaser therefore, retains the property
After default he has but bare possession with
out rgni the suferance OF the owner, who may at
once resume possession IN any lawful manner. These
contracts variousy drawn, have been declared valid
by the courts well by learned text writer's. The
opinion, which Is elaborate cites largely both from the
reports elementary works gives extracts rom the
three writings executed al the same time which tncy
hold be construed as one contract, and closes
with reversal OF the judgment and tho award OF a
new trial Judge Alker concnrs.