Oscar Heyman & Bros. v. Marshall Field & Co.

Plaintiff brought an action against defendant to recover $8,500, the value of a piece of jewelry it had delivered to defendant and which had not been returned or paid for. The case was tried before the court without a jury, there was a finding and judgment in plaintiff’s favor for the amount of its claim and defendant appeals.

The record discloses that plaintiff was engaged in the jewelry business in New York City, and from time to time over a period of years had been selling jewelry to defendant which sold such jewelry and other merchandise in its retail store in Chicago. December 8, 1936,…