Legal Opinion

Fein v. Weir

Appellate Division of the Supreme Court of the State of New York

Decided December 24, 1908PublishedCited by 10 opinions

Appeal by the defendant, Levi 0. Weir, as president, etc., from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 26tli day of March, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of March, 1908, denying the defendant’s motion for a new trial made upon the minutes in an action to recover damages for conversion by the defendant of certain…

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Appeal by the defendant, Levi 0. Weir, as president, etc., from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 26tli day of March, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of March, 1908, denying the defendant’s motion for a new trial made upon the minutes in an action to recover damages for conversion by the defendant of certain goods delivered to it as a common carrier.

1Opinion of the Court

Clarke, J.:

Plaintiffs are manufacturers of clothing. On the 7th of February, 1907, they made up five packages containing suits and jackets addressed to five different consignees, two at ¡Nashville, Tenn.; one at Baltimore, ¡M¡d.; one at Canton, Ohio, and one at ¡Newark, ¡N". J. •The value of the goods so packed was $728, and the value of each package was over $50. These goods were made to order according to sample and according to number. The testimony is: “ The orders for the goods which are shipped to the respective people, contained in the packages which are the subject-matter of this…

2Cases cited10 opinions

  1. Nowack v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
  2. Green v. . ClarkeNew York Court of Appeals · 1855
  3. Krulder v. . EllisonNew York Court of Appeals · 1871
  4. Price v. . PowellNew York Court of Appeals · 1850
  5. Sweet v. . BarneyNew York Court of Appeals · 1861

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3Cited by10 opinions

  1. Moore v. DuncanCourt of Appeals for the Sixth Circuit · 1916
  2. E. R. Squibb & Sons Inter-American Corp. v. Springmeier Shipping Co.New York Supreme Court · 1949
  3. O'Rourke v. Bates, New York County Courts1911
  4. Schmerler v. BaraschNew York Supreme Court · 1909
  5. W. N. Stevenson & Co. v. HartmanAppellate Division of the Supreme Court of the State of New York · 1920

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