Legal Opinion
Castorina v. Rosen
New York Court of Appeals
Decided May 27, 1943PublishedCited by 39 opinions
1Opinion of the CourtDesmond, J.
The complaint asserts that plaintiff left his automobile in storage with appellants, who are co-proprietors of a garage in New York City, on their undertaking that they would safely and securely keep the car and return it to plaintiff on demand. The further allegation of the complaint is that appellants did not take proper care of the car but returned it in a damaged or destroyed condition, to plaintiff’s loss.
The proof shows that plaintiff, who had been housing his car at appellants’ garage for more than a year, left it there, according to his custom, on May 4, 1939. When he called for it on…
2Cases cited4 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Schmidt v. BloodNew York Supreme Court · 1832
- Ford v. Grand Union Co.New York Court of Appeals · 1935
- Brussell Sewing Machine Co. v. Gould-Moody Co.Appellate Division of the Supreme Court of the State of New York · 1942
3Cited by39 opinions
- Procter & Gamble Distributing Co. v. Lawrence American Field Warehousing Corp.New York Court of Appeals · 1965
- Vanderhule v. BerinsteinAppellate Division of the Supreme Court of the State of New York · 1954
- Bean v. Security Fur Storage Warehouse, Inc.Massachusetts Supreme Judicial Court · 1962
- Cargill, Incorporated v. Commodity Credit CorporationCourt of Appeals for the Second Circuit · 1960
- Fidelity & Guaranty Insurance Corp. v. BallonAppellate Division of the Supreme Court of the State of New York · 1952
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