Legal Opinion

Costello v. Herbst

City of New York Municipal Court

Decided April 15, 1896PublishedCited by 2 opinions

Appeal from judgment in favor of plaintiff, entered upon a verdict.

1Opinion of the CourtFitzsimons, J.

This action was tried upon the theory, on plaintiff’s behalf, that she sold and delivered, conditionally, certain goods to the defendant; that is to say, that he would pay a certain price.therefor; upon his failure to do so that he would return such goods to the -plaintiff.

*688Defendant contended that he ivas a mere consignee of-such goods, and.before the plaintiff was entitled to a return thereof she would have to pay defendant all his reasonable charges and liens against the same. •' ■- . • .

Upon these conflicting contentions the case went to the jury and was decided in favor of the plaintiff. .

2Cited by2 opinions

  1. Herbert v. HumphreysAppellate Terms of the Supreme Court of New York · 1910
  2. Herbert v. HumphreysAppellate Terms of the Supreme Court of New York · 1910

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