Legal Opinion

Fishman v. Baumstein

Appellate Terms of the Supreme Court of New York

Decided December 4, 1914PublishedCited by 1 opinion

Appeal from City Court of New York, Trial Term. Action by Isaac Fishman against William Baumstein. From a judgment for plaintiff, rendered by the City Court of the City of New York, defendant appeals. Reversed, and new trial ordered.

1Opinion of the CourtCohalan, J.

The action was brought on an alleged agreement for the sale of certain jewelry, the same to be consummated on the *102happening of a certain contingency. Plaintiff’s assignor, Hyman Jacknowitz, in the month of November, 1913, owned certain pawn tickets for valuable diamond jewelry, then held in pawn. The complaint alleged that the defendant agreed that he would endeavor to sell the jewelry, and in consideration of the plaintiff’s assignor giving him the pawn tickets he further promised and agreed to pay the plaintiff’s assignor upon the sale the sum of $750; that plaintiff’s assignor delivered…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Thilemann v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
  2. Abbott v. MeinkenAppellate Division of the Supreme Court of the State of New York · 1900
  3. Hamilton v. MendhamAppellate Terms of the Supreme Court of New York · 1911

3Cited by1 opinion

  1. Fishman v. BaumsteinAppellate Division of the Supreme Court of the State of New York · 1915

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