Wilson v. Christal
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Florence M. Christal, from a determination and order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of December, 1918, affirming a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Fifth District. An appeal is also taken from the judgment of the Municipal Court.
1Opinion of the Court
Page, J.:
The plaintiff, on May 31, 1915, stored with the defendant a trunk containing silverware and clothing and paid the storage for one month. He with his family left the city and did not return until April, 1916, when he called at the defendant’s warehouse and tendered the past due storage charges. He was then informed that his trunk had been broken open and the contents stolen and the defendant refused to accept the money. The plaintiff proved a prima facie case and the defendant’s husband, who managed the business, testified that the trunk was stored in the cellar, the only entrance to…
2Cases cited4 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Stewart v. . StoneNew York Court of Appeals · 1891
- J. Russell Manufacturing Co. v. New Haven Steamboat Co.New York Court of Appeals · 1872
- Herman v. New England Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by9 opinions
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- Potomac Ins. Co. v. NicksonUtah Supreme Court · 1924
- Potomac Insurance v. DonovanAppellate Division of the Supreme Court of the State of New York · 1949
- J. W. Mays, Inc. v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 1961
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