Cohen v. B. J. Denihan, Inc.

A bailee, whatsoever the character of the bailment, is bound to redeliver the thing bailed to the proper person to receive it. (Ouderkirk V. Central Nat. Bank, 119 N. Y. 263; Sonn v. Smith, 57 App. Div. 372, 374.) Accepting as credible the testimony of defendant’s witnesses, there was still in my opinion an insufficient basis for judgment in favor of defendant. Defendant’s driver, who made the alleged delivery, testified that he left the goods of plaintiff at plaintiff’s apartment, and that the person with whom he had left them signed a receipt therefor. The driver was unable to state whether…