Toplitz v. Timmins
Appellate Terms of the Supreme Court of New York
. Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by Isabella Toplitz against John'J. Timmins. From a judgment for plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtMacLEAN, J.
It appears that the plaintiff stored with the defendant certain barrels and cases—household effects—and withdrew them in the first week of January, when, in her presence, they were loaded into a wagon, which she accompanied from the warehouse to her residence, two blocks away; that upon examination it was found that one of the barrels and one of the cases were not hers, having been substituted for those belonging to her. She testified that she notified the defendant of her loss and the substitution on the day following, and that he refused to make her damage good. The evidence submitted for…
2Cases cited1 opinion
- Mautner v. Terminal Warehouse Co.Appellate Terms of the Supreme Court of New York · 1899