Schmerler v. Barasch

This is an appeal from a judgment dismissing the complaint. Plaintiff testified that he delivered a watch and chain to defendant’s agent for shipment to Europe. One dollar was paid for shipment and one dollar and twenty cents for insurance at the agreed value of sixty dollars, for which sums plaintiff was given a receipt. It would appear that the watch was never delivered; and, after waiting several months at the request of defendant’s agent, plaintiff brought suit. Upon the former trial of this case, the complaint was dismissed, which judgment was reversed by this court and a new trial…