Costello v. Herbst
City of New York Municipal Court
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
- Herbert v. HumphreysAppellate Terms of the Supreme Court of New York · 1910
- Herbert v. HumphreysAppellate Terms of the Supreme Court of New York · 1910