Rosenkranz v. Saberski
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from affirmance by the General Term of the City Court of the city of New York, of a judgment entered upon the direction of the court at Trial Term, in favor of the defendant.
1Opinion of the CourtGiegerich, J.
The action is to recover damages for the conversion of a marble soda-water fountain. The answer is a general denial.
It appears from the evidence, adduced on behalf of the plaintiff, that the apparatus in suit, belonging to the plaintiff, and bearing his name stamped upon it, was, in accordance with the plaintiff’s business practice, delivered to a customer named Cohen, to be used by him. Cohen subsequently moved away, leaving the fountain in the possession of the defendant, who refused to surrender it to the plaintiff upon his demand, saying, “I cannot give it to you because the man that gave…
2Cases cited4 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Briggs v. . WaldronNew York Court of Appeals · 1881
- O. J. Gude Co. v. FarleyAppellate Terms of the Supreme Court of New York · 1898
- Schillinger v. McGarryAppellate Terms of the Supreme Court of New York · 1899
3Cited by1 opinion
- Rothfuss v. H. J. Koehler Sporting Goods Co.Appellate Terms of the Supreme Court of New York · 1911