Mahler v. Schloss
New York Court of Common Pleas
Appeal by the plaintiff from a judgment of this court, enter'ed upon the verdict of a jury, after a trial before Judge Van Brunt, and from an order made at special term by Chief Justice Charles P. Daly, denying a motion for a new trial upon the minutes of the judge at the trial, under the exceptions taken thereto. The action was brought for the conversion of a lot of about 200 silk umbrellas.
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Appeal by the plaintiff from a judgment of this court, enter'ed upon the verdict of a jury, after a trial before Judge Van Brunt, and from an order made at special term by Chief Justice Charles P. Daly, denying a motion for a new trial upon the minutes of the judge at the trial, under the exceptions taken thereto. The action was brought for the conversion of a lot of about 200 silk umbrellas. The defendants justified under an execution in favor of the two defendants, Schloss (the marshal who made the seizure being joined as a defendant), against Francis Carlton and Cornelius C. Carlton. It…
1Opinion of the CourtRobinson, J.
It clearly, and ivithout dispute, appeared on the trial that on and prior to June 1st, 1874, the plaintiff occupied a store at No. 849 Broadway, for the sale of articles of fur; that on or about that day he granted to one Cornelius C; Carlton, for the firm of F. Carlton & Sons, the right to use a part of the store with a front window for the sale of umbrellas, at a rent of ten per cent, upon their gross sales. On the 1st of July following, Carlton & Sons executed to the plaintiff, upon the expressed consideration of $300, a bill of *295sale of all their stock of umbrellas, consisting of seven…
2Cases cited1 opinion
- Southworth v. . BennettNew York Court of Appeals · 1874