Legal Opinion

Wimpfheimer v. A. T. Demarest & Co.

Appellate Terms of the Supreme Court of New York

Decided November 15, 1912Published

Appeax by plaintiff from a judgment in favor of the defendant rendered in the Municipal Court of the city of Mew York, borough of Manhattan, fifth district.

1Opinion of the CourtGuy, J.

Appeal by plaintiff from a judgment dismissing the complaint at the close of' plaintiff’s case. The action was brought to recover damages for negligence of the defendant in permitting the upholstery of the body of plaintiff’s automobile, which was stored with defendant, to become moth-eaten and broken during the time it was stored with defendant. Plaintiff proved that when the auto body, a high class French body, was stored with defendant in April or Hay, 1908, it was apparently in perfect condition as far as the upholstery was concerned, and the woodwork was in good condition, except for…

2Cases cited1 opinion

  1. Barnes v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1906

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