Hochberger v. Baum
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Isidore Hochberger against Joseph Baum and others. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendants appeal.
1Opinion of the CourtBischoff, J.
Alleging his disaffirmance of a sale of diamonds to the defendant Joseph Baum, for the latter’s deceit, the plaintiff replevied the goods in the possession of the defendants Jacob and Herman Baum—parties concededly not connected in business with Joseph—and an undertaking for redelivery was given. Within the authorities, the admission of the identity of the goods replevied with the goods sold to- Joseph, as contained in this undertaking, concluded any inquiry into the fact of identity (Martin v. Gilbert, 119 N. Y. 298, 23 N. E. 813, 24 N. E. 460, 16 Am. St. Rep. 823), but the admission bore in…
2Cases cited3 opinions
- Martin v. . GilbertNew York Court of Appeals · 1890
- Gowing v. WarnerAppellate Terms of the Supreme Court of New York · 1900
- Frischman v. MandelAppellate Terms of the Supreme Court of New York · 1899