Delmour v. Forsythe
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Jennie Delmour against John Forsythe. From a judgment for plaintiff, after a trial before the court without a jury, defendant appeals.
1DissentBijur, J.
Defendant is a corporation. Plaintiff, accompanied by a lady friend, visited defendant’s shop to purchase a shirt waist. After looking over a number of waists, she selected about a dozen in the general show room. These were carried by the saleslady, who had waited on her, into a small fitting room, into which she was followed by plaintiff and her friend. The fitting room was formed by partitions which separated it from the main room. While the fitting room had in it hooks and a closet, I lay no stress on that point. The fitting room contained also two chairs and a small table.
Before the…
2Cases cited3 opinions
- Bunnell v. . SternNew York Court of Appeals · 1890
- Wamser v. . Browning, King Co.New York Court of Appeals · 1907
- Powers v. O'NeillNew York Supreme Court · 1895