Legal Opinion · Concurrence

Kupchick v. Levy

New York Supreme Court

Decided March 15, 1921Published

Appeal by defendants from, a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, in favor of the plaintiff.

1Concurrence

McCook, J. (concurring).

Action for conversion of a watch. The facts are conceded. Plaintiff is a jeweler in this city. In January, 1920. h<8 delivered *535to one Anna Bonner a watch of the value of $400, at the same time taking from her a receipt or memorandum upon which was printed the following:

“ These goods are sent for your inspection and remain the property of Ed. Kupchick, and are to be returned on demand. Sale takes effect only from date of approval of your selection, and bill of sale rendered. ’ ’

The Bonner woman pawned the watch with defendants, obtaining the sum of $250 thereon.…

2Cases cited3 opinions

  1. Smith v. . ClewsNew York Court of Appeals · 1889
  2. Thompson v. GoldstoneAppellate Division of the Supreme Court of the State of New York · 1916
  3. Schmidt v. . SimpsonNew York Court of Appeals · 1912

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