Legal Opinion

Nelkin v. MARVIN HIME & CO., INC.

California Court of Appeal

Decided July 28, 1964No. Civ. 27788PublishedCited by 2 opinions

1Opinion of the Court

ASHBURN, J. *

The copartnership of William Nelkin & Co., a New York wholesale diamond merchant, seeks to recover from Marvin Hime & Co., Inc., a Beverly Hills retail jeweler, the value of certain jewelry consigned by the former to the latter on various dates in 1957 and 1958 and having a value of $25,047. It is conceded, as stated in the findings, that: “On May 1, 1958, said items of jewelry were stolen in an armed robbery which occurred without the complicity, negligence, or fault of defendant. ’ ’

Plaintiffs rest their case upon the terms of the memo randum which accompanied the consignment…

2Cases cited11 opinions

  1. P. A. Smith Co. v. MullerCalifornia Supreme Court · 1927
  2. Meyer Koulish Co. v. CannonCalifornia Court of Appeal · 1963
  3. Krutz v. CraigIndiana Supreme Court · 1876
  4. Taussig v. Bode & HaslettCalifornia Supreme Court · 1901
  5. Lawrence v. Premier Indemnity Assurance Co.California Supreme Court · 1919

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3Cited by2 opinions

  1. Cunningham v. Southland Constr. Co.California Court of Appeal · 1967
  2. Alan Cutler, Inc. v. New England Diamond Corp.District Court of Appeal of Florida · 1969

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