Charles T. Dougherty Co. v. Krimke

The opinion of the court was delivered by

McGlennon, J.

The defendant appeals from a judgment of the Supreme Court, Essex Circuit, awarding possession of a certain diamond to plaintiff, in an action on replevin, based upon a verdict of the jury.

The undisputed facts in the case appear to be as follows:

Plaintiff, a manufacturing jeweler, at its place of business, in New York City, on November 3d, 1926, delivered an emerald-cut diamond to one Charles Scull, of the firm of Scull & Thompson, known as brokers in the jewelry line, and Scull then and there signed the following memorandum:

“New York,…