Benedict v. Flannery
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the city court of the city of New York, dismissing plaintiff’s complaint at the close of plaintiff’s case.
1Opinion of the CourtFinch, J.
The plaintiff sues in replevin for the recovery of a diamond ring given by the plaintiff to the defendant while they were engaged- to be married. The plaintiff testified: “ I said to her that the ring was not an engagement ring, that I would change it and have a Tiffany setting made out of the center stone, or I would give her a different engagement ring.” Before this conversation the plaintiff, after they had become engaged, first asked the defendant if she would wear his ring, and her answer was “ no.” Shortly after that he handed her the ring and she took it and wore it, neither of the…
2Cases cited2 opinions
- Wheeler & Wilson Manufacturing Co. v. JacobsNew York Court of Common Pleas · 1893
- Stromberg v. RubensteinAppellate Terms of the Supreme Court of New York · 1897
3Cited by2 opinions
- Beck v. CohenAppellate Division of the Supreme Court of the State of New York · 1933
- Gindin v. SilverSupreme Court of Pennsylvania · 1968