Stern v. Sydney
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the City Court of the city of New York, dismissing the complaint at the close of the plaintiff’s case.
1Opinion of the CourtPage, J.
The-plaintiff sues in conversion for failure of the defendant to return to him a diamond lavalier valued at $874 after demand. It was shown that the *34lavalier was delivered to the defendant oh consignment to be sold by him, title to remain in the plaintiff until sold and to be returned to the plaintiff on demand. The demand was proved and the refusal of the defendant to give it up on the ground that “ he was not through with it.” The plaintiff testified ■ that he personally demanded a return of the property several times and the defendant never returned it. The defendant’s motion to dismiss…
2Cases cited3 opinions
- Herrmann Furniture & Plumbers' Cabinet Works v. HymanAppellate Terms of the Supreme Court of New York · 1899
- Thomas Manufacturing Co. v. SymondsAppellate Division of the Supreme Court of the State of New York · 1898
- Anker v. SmithAppellate Terms of the Supreme Court of New York · 1904