Lemnos Broad Silk Works, Inc. v. Spiegelberg

In this case, which was tried before me without a jury, the principal question at issue is whether defendants are liable for some thirty-six pieces of silk consigned by plaintiff to defendants as collateral security for an indebtedness, and which subsequently disappeared in a manner both unaccountable and unaccounted for. It should be perhaps noted at the outset that plaintiff charges no fraud or bad faith against defendants. It does not claim, nor has it proven, any conversion or the gleaning of any benefit by defendants. It predicates its case upon the theory that since the goods were…