· 1/22/1940
Protest 997914-G of New York Merchandise Co.
Citations
- 4 Cust. Ct. 372
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “when appellee's agents were physically confronted by appellant's representative, disregarded his request to desist their efforts at repossession and refused to depart from the private premises upon which the collateral was kept, they committed a breach of the peace”
- finding that one “who unlawfully refuses to depart from the land of another” has “committed a breach of the peace”
- breach of peace occurred when agents were “physically confronted by appellant’s representative, disregarded his request to desist their efforts at repossession and refused to depart from the private premises”
- a physical confrontation coupled with an oral protest constitutes a breach of the peace
- breach of peace occurred when agents were A physically confronted by appellant = s representative, disregarded his request to desist their efforts at repossession and refused to depart from the private premises @
- breach of the peace results when creditor legally enters debtor’s premises but is physically confronted by one in charge of such premises, told to desist his efforts at repossession, and instructed to depart from the premises, and creditor refuses to heed such commands
Source: CourtListener parenthetical corpus (CC0).
Judges: Dallinger
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