Lustgarten v. Hecht
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Bernard Lustgarten and another against Sol. Hecht. From a judgment in favor of the plaintiffs, rendered in the City Court of the City of New York, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtGuy, J.
Defendant appeals from a judgment in favor of plaintiff, and from an order denying defendant’s motion for a new trial.
[ 1 ] The action was brought to recover damages for an alleged conversion of merchandise, which plaintiff delivered to defendant to be sold by defendant at auction under an alleged agreement that, unless *568the goods brought a certain price, they should not be sold, but should be returned to the plaintiff. Plaintiff alleges that, instead of carrying out this agreement, defendant sold the goods for less than the price agreed upon, and thereby was guilty of a conversion of said…
2Cases cited1 opinion
- Minneapolis Trust Co. v. . MatherNew York Court of Appeals · 1905
3Cited by1 opinion
- Schloss v. WilsonAppellate Division of the Supreme Court of the State of New York · 1912