Harrison v. Frederick Loeser & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick Loeser and Company, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of June, 1914, denying defendant’s motion for an order directing that the issues arising upon the counterblaim herein be tried at Special Term without a jury and prior to the trial of the other issues in the action.
1Opinion of the Court
Laughlin, J.:
This is an action for the conversion of furs which plaintiff alleges were delivered to defendant’s predecessor for storage for hire. The conversion is predicated upon defendant’s failure to deliver the furs on tender of the amount due for storage. The defendant denies that the contract under which it received the furs was merely a contract of bailment, and pleads an equitable counterclaim for the foreclosure of a lien on the furs by virtue of the contract under which it claims to have received them as security for past and future indebtedness from plaintiff’s husband to it, and…
2Cases cited8 opinions
- Ter Kuile v. MaralandNew York Supreme Court · 1894
- Xenia Branch Bank v. LeeThe Superior Court of New York City · 1858
- Deagan v. WeeksAppellate Division of the Supreme Court of the State of New York · 1901
- Thomson v. . SandersNew York Court of Appeals · 1890
- Scognamillo v. . PassarelliNew York Court of Appeals · 1914
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3Cited by1 opinion
- Reilly v. Henri Gutmann Silks Corp.New York Supreme Court · 1920