Leoncini v. Post
New York Court of Common Pleas
Appeal from eleventh district court. Action by Estella Leoncini against Edward S. Post to recover the value of a quantity of sheet-music belong to the plaintiff’s husband, which had been annotated and transposed by him, and left in plaintiff’s custody, and which she had stored with the defendant, who was a storage warehouseman, and who failed to return the same upon demand.
1Opinion of the CourtBischoff, P. J.
The storage of the property with defendant was sufficiently shown to warrant a finding of that fact in the plaintiff’s favor, and it thereupon devolved upon defendant to show either a return or to account for its loss. When it appears that the property has been lost or stolen, it then becomes the duty of the party seeking to recover to prove that the loss or theft could have been prevented by the warehouseman’s exercise of due care; but, as is stated in Claflin v. Meyer, 75 N. Y. 263, “it is not of course intended to hold that a warehouseman' refusing to deliver goods can impose any necessity…
2Cases cited8 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- Frost v. . MottNew York Court of Appeals · 1866
- Spicer v. WatersNew York Supreme Court · 1866
- Scattergood v. . WoodNew York Court of Appeals · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Siegman v. KeelerNew York Court of Common Pleas · 1893
- United States v. Mid-South Music Corp.District Court, M.D. Tennessee · 1985
- Leocioni v. PostNew York Court of Common Pleas · 1891
- Taft v. Smith, Gray & Co.Appellate Terms of the Supreme Court of New York · 1912