Heilbronn v. McAleenan
New York Supreme Court
Appeal from circuit court, New York county; Charles Donohue, Justice. Action of replevin by Justus Heilbronn and others against Henry McAleenan to recover possession of two diamond stones found in possession of defendant, a pawnbroker. Judgment was entered on a verdict for plaintiff, and defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
The law, as affecting the facts in this case as found by the jury, seems to be settled by the principles laid down in the case of Hentz v. Miller, 94 N. Y. 64, and the case of Soltau v. Gerdau, ante, 163, (decided in May, 1888.) In the case of Hentz v. Miller, supra, it was held that the broker was guilty of larceny, because he was only intrusted with the naked possession; no bill of sale or other muniment of title being delivered. In the case of Soltau v. Gerdau, supra, the broker pretended that he had a customer when he had not, and the goods were delivered to him to be delivered to the…
2Cases cited1 opinion
- Hentz v. . MillerNew York Court of Appeals · 1883
3Cited by4 opinions
- Anderson v. McAleenanNew York Court of Common Pleas · 1890
- Schmidt v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1910
- Citroen v. AdamNew York Supreme Court · 1889
- La Fetra v. GloverThe Superior Court of the City of New York and Buffalo · 1894