Gottlieb v. Rinaldo
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. The rings were delivered to defendant with the agreement and understanding that if she was pleased with them she should keep them, and account to plaintiff at the value fixed, and, if not pleased, would within a reasonable time return them to plaintiff. This was not a purchase by defendant under contract of “purchase or return.”
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. The rings were delivered to defendant with the agreement and understanding that if she was pleased with them she should keep them, and account to plaintiff at the value fixed, and, if not pleased, would within a reasonable time return them to plaintiff. This was not a purchase by defendant under contract of “purchase or return.” Defendant was only a bailee of the goods, and was not liable for the loss, unless she was negligent. Beach on Mod. Daw of Cont. § 746; 150 U. S. 312; xoo Mass. 198. See also 21 Am. & Eng. Enc. Law (1…
1Opinion of the CourtMcCurroch, J.
The plaintiff, David M. Rinaldo, brought this suit against the defendants, B. Gottlieb and the Pacific Express ^ompany, to recover $372, the value of two diamond rings. It is alleged in the complaint that the plaintiff is a merchant doing business in the city of Hot Springs, dealing in watches, diamonds, jewelry, etc., that defendant Gottlieb is a merchant engaged in like business in the city of Pine Bluff, and defendant Pacific Express Company is a common carrier; that the plaintiff delivered said rings to defendant Gottlieb “with the agreement and understanding that, Hf she (defendant) was…
2Cases cited8 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Hunt v. WymanMassachusetts Supreme Judicial Court · 1868
- State v. Carl & TobeySupreme Court of Arkansas · 1884
- Burton & Townsend v. Baird & BrightSupreme Court of Arkansas · 1884
- Berger v. StateSupreme Court of Arkansas · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Templeton v. Equitable Manufacturing Co.Supreme Court of Arkansas · 1906
- Harper v. StateSupreme Court of Arkansas · 1909
- Josey v. StateSupreme Court of Arkansas · 1908
- Roberts Cotton Oil Co. v. GradySupreme Court of Arkansas · 1912
- Georgia Marble Finishing Works v. MinorSupreme Court of Arkansas · 1917
8 more not listed; retrieve them via the Exa API.