Lindner v. Winston

Plaintiff, a diamond cutter or “ manufacturer,” seeks a determination that he is entitled to possession of a diamond obtained by defendant Winston, through his employee, defendant Frey, from one Tolkowsky for $1,451.25. Defendants by way of defense set up that they acquired the stone in the belief that Tolkowsky had good title to it. Prior to the time when Winston received the diamond from him, Tolkowsky had obtained it from plaintiff, its owner, pursuant to a memorandum agreement or receipt signed by Tolkowsky which reads as follows: “ Memorandum from Joseph W. Lindner, Cutter of Diamonds,…