Schmidt v. Simpson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas Simpson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of January, 1910, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 8th day of January, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Clarke, J.:
This is an action upon, an assigned claim to recover the possession of certain ¡jewels or their value pawned with thedefendant, alicensed pawnbroker. Plaintiffs assignor, an English woman, was traveling with her husband, in this country, when, on the evé of her sailing :for home from .the city of New York, certain circumstances arose-, in consequence of which she'desired to sed a portion of her personal jewelry. She and her husband took the jewelry to a reputable shop upon Fifth avenue and offered it for sale. She was told that the house did not buy jewelry over the counter and she…
2Cases cited2 opinions
- Heilbronn v. McAleenanNew York Supreme Court · 1888
- Soltau v. GerdauNew York Supreme Court · 1888
3Cited by2 opinions
- Marsellus, Pitt Co. v. SipmsonAppellate Division of the Supreme Court of the State of New York · 1911
- Frisch v. PerleAppellate Division of the Supreme Court of the State of New York · 1942