Frisch v. Perle

The defendants Perle, doing business under the name Metropolitan Loan Company, appeal from a judgment awarding to the plaintiff possesssion of a valuable piece of-jewelry called a clip, upon which they had advanced $2,500 to the defendant Lion.

The jury determined that Lion obtained the clip from the plaintiff-respondent’s agent Pratt, on July 31, 1941, by trick, fraud or device ‘ ‘ with intent to appropriate it to his own use. ’ ’ The appellants contend that Lion’s possession was that of a factor and that under the Factors’ Act (Personal Property Law, § 43; Cons. Laws, ch. 41) the pledge by…