Feder v. Franklin Simon & Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Emily Eeder against Franklin Simon & Co. From a judgment in favor of plaintiff, and against the defendant, defendant appeals. Reversed, and complaint'dismissed.
1Opinion of the CourtLehman, J.
The plaintiff testified that on the 15th day of July, 1915, she went to the defendant’s store to buy a dress. A saleswoman showed her a place to put her clothes while she was trying on the dress. She asked the saleswoman, “Are my things perfectly safe?” The saleswoman answered, “Positively.” The plaintiff thereupon put her purse, hat, and coat on the chair indicated by the saleswoman and tried on a dress. When she went back to the chair, after deciding to buy the dress, the purse was gone. Upon this testimony the plaintiff has recovered a judgment for the value of the purse and its contents.
Th…
2Cases cited2 opinions
- Bunnell v. . SternNew York Court of Appeals · 1890
- Barnes v. Stern Bros.Appellate Terms of the Supreme Court of New York · 1915
3Cited by2 opinions
- Fuller v. I. Magnin & Co.California Court of Appeal · 1951
- Robin v. ColaizziAppellate Terms of the Supreme Court of New York · 1917