Nelkin v. MARVIN HIME & CO., INC.
California Court of Appeal
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
- P. A. Smith Co. v. MullerCalifornia Supreme Court · 1927
- Meyer Koulish Co. v. CannonCalifornia Court of Appeal · 1963
- Krutz v. CraigIndiana Supreme Court · 1876
- Taussig v. Bode & HaslettCalifornia Supreme Court · 1901
- Lawrence v. Premier Indemnity Assurance Co.California Supreme Court · 1919
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3Cited by2 opinions
- Cunningham v. Southland Constr. Co.California Court of Appeal · 1967
- Alan Cutler, Inc. v. New England Diamond Corp.District Court of Appeal of Florida · 1969