Bryant v. Auchmuty
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Mary S. M. Bryant against Ellen S. Auchmuty. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtSeabury, J.
Upon a former appeal in this case (129 N. Y. Supp. 471), the court held that the relation existing between the plaintiff and defendant as to the plaintiff’s trunk was that of bailor and bailee. The failure of the defendant to deliver the trunk on demand was prima facie evidence of negligence. Claflin v. Meyer, 75 N. Y. 260, 31 Am. Rep. 467. The duty of the defendant as bailee of the trunk was to return it on demand, or explain its loss in some satisfactory way. Hasbrouck v. N. Y. Central & H. R. R. Co., 202 N. Y. 363, 374, 95 N. E. 808, 35 L. R. A. (N. S.) 537.
It is true that the defendant…
2Cases cited4 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Ouderkirk v. Central National BankNew York Court of Appeals · 1890
- Hasbrouck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
- Bryant v. AuchmutyAppellate Terms of the Supreme Court of New York · 1911