Richmond v. Brewster
City of New York Municipal Court
Appeal from trial term. Action by Rosalind C. Richmond against J. B Brewster & Co. for the value of a carriage sold by defendants for storage charges. Judgment was entered on a verdict for plaintiff for $900, and defendants appeal.
1Opinion of the CourtPitshke, J.
The complaint is framed on a breach of contract. The recovery was on a procedure as in tort, and not on the theory of the complaint. The chief contention on the trial and main point of the case was whether the sale of the carriage on storage with defendants was to be for a price to be first approved by the plaintiff, or whether defendants had an unlimited power to sell for the carriage-owner. It was actually sold for $500 by the defendants. The complaint admits that the carriage was held by defendants subject to a lien for storage charges. It was mutually understood between the parties that…
2Cases cited5 opinions
- Tooley v. . BaconNew York Court of Appeals · 1877
- Grey v. . GreyNew York Court of Appeals · 1872
- Standard Oil Co. v. . Amazon Ins. Co.New York Court of Appeals · 1880
- Maier v. HomanNew York Court of Common Pleas · 1871
- Clarke v. SmithNew York Supreme Court · 1866
3Cited by1 opinion
- Moore v. BattenNew York Supreme Court · 1893