Sand v. Rosenagel
Appellate Terms of the Supreme Court of New York
Appeal from a judgment rendered in favor of the defendant in the Municipal Court of the city of New York, fourth district, borough of Manhattan.
1Opinion of the CourtGildersleeve, J.
There is a sharp conflict as to the facts in the case at bar. It is conceded, however, that plaintiff stored with defendant certain chattels on April 4, 1900, for which defendant delivered a warehouse receipt, which provided that “if at any time there shall be due and unpaid the storage fees for twelve months, then the proprietor of the storage-rooms is authorized and empowered to sell, at public auction, a sufficient amount of the goods to pay the storage due at that time, without further notice.”
The plaintiff swears the value of the property so stored was five hundred dollars; that at the…
2Cited by2 opinions
- Baum v. WM. Knabe & Co. Manufacturing Co.Court of Appeals for the D.C. Circuit · 1909
- Beken v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1906