De Lemos v. Cohen
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the defendants rendered in the Municipal Court of the city of New York, second district, borough of Manhattan.
1Opinion of the CourtLeventritt, J.
On November 11, 1893, plaintiff’s assignor purchased from the defendants and paid for 144 bundles of damaged manilla paper. The assignor testified that he had the privilege of leaving the paper in the cellar of the defendants’ premises, which he conceded to be the place of delivery. He also testified that he removed all the bundles with the exception of twelve, which he left in the cellar. No charge was made for their storage. He admits that they were subject to removal by him at Ms pleasure. In May, 1895, the defendants moved their place of business and, according to the testimony of two of…
2Cases cited3 opinions
- Dale v. BrinckerhoffNew York Court of Common Pleas · 1877
- Robb v. OsgoodbyAppellate Terms of the Supreme Court of New York · 1897
- Martin v. GuindonAppellate Terms of the Supreme Court of New York · 1897
3Cited by2 opinions
- Prager v. Borden's Condensed Milk Co.Appellate Terms of the Supreme Court of New York · 1901
- Meyer v. GallandAppellate Terms of the Supreme Court of New York · 1916