Freudenheim v. . G&220tter
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 18, 1910, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court and an order denying a motion for a new trial.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 18, 1910, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court and an order denying a motion for a new trial. On the 15th of January, 1907, the plaintiffs, who were diamond merchants in the city of New York, entered into a written contract with one Harry Levisohn by which they appointed him their agent and employed him as such “to carry as traveling salesman and sell ” for them “ a line of mounted diamonds and watches ” and turn the net…
1Opinion of the CourtVann, J.
At common law there would be no defense to this action and the question presented for decision is whether the defendants can uphold their possession under the Factors Act. The plaintiffs insist that said act affords no protection, because, as they claim, the contract of the defendants was not made with Levisohn, to whom the owners had intrusted possession, but with Feinberg with whom the owners had no connection. The defendants insist that Feinberg was not an independent actor, but merely an instrument in the hands of Levisohn to deliver the merchandise and that as between tliem selves and…
2Cases cited7 opinions
- Cartwright v. . WilmerdingNew York Court of Appeals · 1862
- McMorris v. SimpsonNew York Supreme Court · 1839
- Howland v. . WoodruffNew York Court of Appeals · 1875
- Stevens v. WilsonCourt for the Trial of Impeachments and Correction of Errors · 1846
- New York Security & Trust Co. v. LipmanNew York Court of Appeals · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Thompson v. GoldstoneAppellate Division of the Supreme Court of the State of New York · 1916
- Schmidt v. . SimpsonNew York Court of Appeals · 1912
- International Trust Co. v. Webster National BankMassachusetts Supreme Judicial Court · 1926
- Nelkin v. Provident Loan SocietyNew York Court of Appeals · 1934
- Simon v. HermannCity of New York Municipal Court · 1911
12 more not listed; retrieve them via the Exa API.