Schanz v. Bramwell
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Joseph Schanz against, William Bramwell. From a judgment dismissing the complaint, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtBijur, J.
Defendant ordered a suit of clothes to be made for him by plaintiff. Subsequently he telephoned plaintiff to ship them to him at Long Beach, without designating any carrier.. Plaintiff delivered the clothes to a carrier for shipment to Long Beach, but they appear to have been lost. Defendant is liable for the goods, not only on general principles of law, but under Sales Law, § 127, subd. 1. It is quite clear from the evidence that this case does not fall within the exception contained in section 100, rule 5.
Judgment reversed, and new trial ordered, with costs to appellant to abide the event.…
2Cited by1 opinion
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