Berney v. Marks
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Hunicipal Court of the city of Hew York for the fourth district, rendered by the justice in favor of the plaintiff.
1Opinion of the CourtBischoff, P. J.
This action is for the conversion of a ring, which had been deposited by the plaintiff with a stakeholder, as security for a wager of $100, made by him with the defendant touching the assumed weight of a certain diamond owned by the latter. The terms of the wager included the weighing of the diamond in the presence of the parties, on notice, and the proof for *528the plaintiff was that he had received no notice whatever nor any opportunity of paying his bet, and that his defeat was brought home to him first through what he could infer when his ring came to view upon defendant’s hand.
The issue as…
2Cited by1 opinion
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