Goldstein v. Blumberg
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Hyman Goldstein and another against Isaac Blumberg and another. From a judgment for defendants, plaintiffs appeal.
1Opinion of the CourtSeabury, J.
This action was brought to recover for services rendered. The only question litigated upon the trial related to a counterclaim pleaded by the defendant. The claim of the defendant was based upon the fact that the plaintiffs did not return all of the goods intrusted to their care, and, further, because the goods that were returned were allegéd to be in a damaged condition.
The plaintiff offered proof to show that the goods which he did not return had been stolen from his place of business. The only issue submitted by the court to the jury was as to whether the plaintiff was negligent in caring…
2Cases cited3 opinions
- Stewart v. . StoneNew York Court of Appeals · 1891
- Cramer v. KleinAppellate Division of the Supreme Court of the State of New York · 1908
- Parlato v. ThomasAppellate Terms of the Supreme Court of New York · 1910