Rapid Safety Fire Extinguisher Co. v. Hay-Budden Manufacturing Co.
New York Supreme Court
Appeal by the defendant from a judgment of the Municipal Court of the city of Xew York, borough of Manhattan, rendered in favor of the plaintiff, upon a trial had before the court, without a jury. The nature of the action and the material facts are stated in the opinion.
1Opinion of the CourtGiegekich, J.
The plaintiff leased to the defendant ten fire extinguishers by a written contract, one clause of which is as follows: “ If damage be done to the Company’s property, the subscriber shall pay to the company the value of the property so damaged or destroyed, or the cost of repairing the same.”
The extinguishers were destroyed by a fire which occurred on the defendant’s premises and in this action the plaintiff has recovered a judgment for their value.
The defendant urges as the chief ground of its appeal that the plaintiff was not entitled to recover without some proof of its negligence or…
2Cases cited4 opinions
- Stewart v. . StoneNew York Court of Appeals · 1891
- Young v. . LearyNew York Court of Appeals · 1892
- Harrington v. SnyderNew York Supreme Court · 1848
- Coldwell-Wilcox Co. v. SullivanAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Commercial Electrical Supply Co. v. Missouri Commission Co.Missouri Court of Appeals · 1912
- Zaidens v. SalterCity of New York Municipal Court · 1932
- First National City Bank v. Frederics-Helton Travel Service, Inc.New York Supreme Court · 1961
- First National City Bank v. Frederics-Helton Travel ServiceNew York Supreme Court · 1959
- New York, New Haven & Hartford Railroad v. Baldwin-Universal Consolidated Co.New York Supreme Court · 1925
1 more not listed; retrieve them via the Exa API.