Cowen v. Pressprich
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment of the Municipal Court of the city of New York, borough' of Manhattan, first district, in favor of plaintiffs, after trial by the court without a jury.
1DissentLehman, J.
I agree in all material particulars Avith the statement of facts contained in *677the opinion of Mr. Justice Mullan. In effect the record shows that through an innocent mistake the plaintiffs delivered by messenger at defendants’ office, through the slot in a window intended for the delivery of securities purchased by the defendants, a bond which the defendants had not purchased and that the defendants promptly discovered the mistake and endeavored to return the bond to the plaintiffs’ messenger but, by innocent mistake on their part, actually handed the bond to a stranger instead of the…
2Cases cited3 opinions
- Cohen v. KosterAppellate Division of the Supreme Court of the State of New York · 1909
- Morris v. Third Avenue RailroadNew York Court of Common Pleas · 1862
- Krumsky v. LoeserAppellate Terms of the Supreme Court of New York · 1902