Grant v. Miller
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Hannah Grant against Barney Miller. From a judgment in favor of the plaintiff, entered by direction of the court after a trial without a jury, defendant appeals. Reversed, and complaint dismissed.
1Opinion of the CourtGuy, J.
The action is brought to recover the value of a fur coat, delivered by plaintiff to defendant for repair, which defendant refused and neglected to return to plaintiff.
[1, 2] The answer denies negligence and sets up that defendant was deprived of possession of the coat by a robbery, without fault on the part of the defendant. On the trial defendant introduced proof fully *830-establishing the fact of the loss of the coat by robbery. No evidence was introduced by plaintiff disproving the robbery or showing any negligence on the part of the defendant; but plaintiff endeavored to meet this defense by…
2Cases cited3 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Allen v. Fulton Motor Car Co.New York Supreme Court · 1911
- Carll v. GoldbergAppellate Terms of the Supreme Court of New York · 1908
3Cited by2 opinions
- W. N. Stevenson & Co. v. HartmanAppellate Division of the Supreme Court of the State of New York · 1920
- Neilson v. PhillipsSupreme Court of Colorado · 1921