Schmidt v. . Simpson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 27, 1910, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 27, 1910, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Mrs. Kufeke, the plaintiff’s assignor, having intrusted the possession of the gems in question to Weher for sale, he became her agent or factor for the purpose of such sale, and the defendant acquired a valid hen under the Factors’ Act for the money advanced by him in good faith upon the…
1Opinion of the CourtHaight, J.
This action was brought by the plaintiff, as the assignee of Mrs. .L. L. Kufeke of Liverpool, Eng-. land, to recover the possession of twelve articles of jewelry or in case possession could not be had for their value.
Upon the trial the following facts were stipulated by the attorneys for the parties in the action:
“First — That upon the 14th day of August,'1908, Mrs. L. L. Knfeke delivered to one Charles A. Weber the articles of jewelry enumerated in Schedule A annexed to the complaint, as her broker, to sell the same for her account at the prices stated in said Schedule A, less 10%, and less…
2Cases cited1 opinion
- Freudenheim v. . G&220tterNew York Court of Appeals · 1911
3Cited by6 opinions
- L. W. Sweet & Co. v. Provident Loan SocietyNew York Court of Appeals · 1939
- Brokaw v. KunzeWashington Supreme Court · 1923
- Frisch v. PerleAppellate Division of the Supreme Court of the State of New York · 1942
- Kupchick v. LevyNew York Supreme Court · 1921
- L. W. Sweet & Co. v. Provident Loan SocietyAppellate Division of the Supreme Court of the State of New York · 1938
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