Cohen v. Koster
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from' a judgment in favor of the plaintiffs, rendered in the Municipal Court of the city of New York, eighth district, borough of Manhattan.
1Opinion of the CourtMacLean, J.
By this, their action for the conversion of ,a case of merchandise, delivered for transportation to a truckman who stabled his truck and the case loaded thereon with the defendant over night, the plaintiffs may be said to have affirmed the act of the truckman. It is quite immaterial herein that the defendant had informed the truckman on prior, or even on this particular, occasion, or had printed signs in his stable, that he would not be responsible for merchandise left on trucks, as the conversion established by the evidence, even by the testimony of the defendant himself, was the redelivery…
2Cases cited1 opinion
- Esmay v. FanningNew York Supreme Court · 1850
3Cited by3 opinions
- Potomac Ins. Co. v. NicksonUtah Supreme Court · 1924
- Central Meat Market v. Longwell's Transfer, Inc.Texas Commission of Appeals · 1933
- Feist v. KosterAppellate Division of the Supreme Court of the State of New York · 1908