Broder v. Epstein

Appeal by defendant Herman Sweet from a judgment for plaintiff in an action to recover the possession of personal property.

Plaintiff is engaged in the wholesale jewelry business. On April 8, 1948, he delivered several articles of jewelry to defendant Epstein. Upon receipt of the jewelry, Epstein signed and delivered to plaintiff an instrument which named Epstein as consignee, listed the jewelry, stated its value and, in printing below the list, said, “I agree not to sell or offer for sale, exchange or barter,’’ the merchandise. Epstein’s signature appeared under the list and partially over…