Bergman v. Neidhardt
Appellate Terms of the Supreme Court of New York
Appeal from municipal court, borough of Manhattan. Action by James Bergman against Charles A. Neidhardt. From a judgment in favor of defendant, plaintiff appeals.
1Opinion of the CourtGiegerich, J.
The action is to recover damages for the conversion of a diamond scarf pin of the value of $ioo, which was delivered to the defendant under a conditional sale. The pleadings were oral, and the answer set up a general denial, infancy, breach of contract, and a counterclaim for $43, being the amount paid on account of the purchase price of said pin.
Before the trial, the plaintiff, in order to meet the defendant’s plea in disaffirmance of the contract, gave notice to the latter that he would apply to the court for leave to amend the complaint by setting up fraud and deceit as an additional cause…
2Cases cited6 opinions
- Eckstein v. FrankNew York Court of Common Pleas · 1863
- Wheeler & Wilson Manufacturing Co. v. JacobsNew York Court of Common Pleas · 1893
- King v. DormanAppellate Terms of the Supreme Court of New York · 1899
- Milch v. Westchester Fire InsuranceNew York Court of Common Pleas · 1895
- National Cash Register Co. v. RiggsAppellate Terms of the Supreme Court of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Asbestos Plastering Co. v. Norcross Bros.Appellate Terms of the Supreme Court of New York · 1915