Mann v. R. Simpson & Co.

The case comes to us after a submission of controversy to the Appellate Division, first department. The terms of the "submission are so involved that it is' necessary to discuss them more fully than would be otherwise required.

The plaintiff was a dealer engaged in buying and selling jewelry and precious stones in New York city. The plaintiff delivered to one Gouldon, similarly engaged, a diamond ring of the value of $2,100, of which the plaintiff was the owner. At the time of the delivery Gouldon signed a memorandum addressed to the plaintiff and reading as follows: “ The undermentioned goods…