Homeyer v. Yaverbaum
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harry Yaverbaum, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 1st day of March, 1920, on the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day of February, 1920, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jaycox, J.:
The appellant keeps a store at the corner of Hamilton and Atlantic avenues, Richmond .Hill, borough of Queens. The plaintiff went into the store on the evening of July 11, 1917. She saw the manager of the store, Meyer Yaverbaum, who is a brother of the defendant. At her request the manager showed her some small handbags and then stooped behind the counter to get others. Then, according to the plaintiff’s, story, he became excited and said there was a bag missing, forbade her to leave the store, threatened to search her and sent for the police. The evidence justified a finding that…
2Cases cited3 opinions
- Mali v. . LordNew York Court of Appeals · 1868
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1882
- Craven v. BloomingdaleAppellate Division of the Supreme Court of the State of New York · 1900