Legal Opinion

Thorn v. Straus

Appellate Terms of the Supreme Court of New York

Decided November 15, 1912PublishedCited by 4 opinions

Appeal by plaintiff from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, seventh district, rendered in favor of the defendants after a trial before the court without a jury.

1Opinion of the CourtSeabury, J.

This action is brought for a breach of a bailee’s contract to return goods delivered to it by the plaintiff. The proof showed that the plaintiff delivered to the defendants thirty-four photographic films or negatives, for the purpose of having prints made therefrom. The defendants agreed to return the films with the prints within a few days after delivery. When the plaintiff first called and demanded the return of the films and prints, the defendants reported that they were unable to find them, and assured the plaintiff that they would make every effort to find them. A representative of the…

2Cases cited2 opinions

  1. Claflin v. . MeyerNew York Court of Appeals · 1878
  2. Hasbrouck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911

3Cited by4 opinions

  1. Inc. Society of Saint Maria Del Buoncammino v. LorussoNew York Supreme Court · 1957
  2. Otto Gerdau Co. v. Bowne-Morton's Stores, Inc.New York Supreme Court · 1955
  3. Siegel v. EisnerCity of New York Municipal Court · 1912
  4. Norris v. Manischewitz Broadway Central Hotel, Inc.New York Supreme Court · 1927

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