Legal Opinion

Schmidt v. Schweitzer

New York Supreme Court

Decided August 15, 1912Published

Appeal from City Court of Buffalo. Action by Jennie Schmidt against Adelaide Schweitzer. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtWheeler, J.

One Charles Bischoff bought and paid for the piano in question, and had owned it for some time prior to the alleged gift by him to the defendant in this action. He was engaged to be married to the defendant, and it is claimed by the defendant that on one of her birthdays he made a present of the piano to her.

The testimony on the part of the defendant to establish this gift was given by her mother and two brothers, to the effect that, shortly prior to the birthday in question, Bischoff asked the mother if he might make a present of the piano to the defendant; that she at first hesitated, and…

2Cases cited11 opinions

  1. Kelly v. . BeersNew York Court of Appeals · 1909
  2. Sharpe v. . FreemanNew York Court of Appeals · 1871
  3. Tierney v. . FitzpatrickNew York Court of Appeals · 1909
  4. Scheps v. Bowery Savings BankAppellate Division of the Supreme Court of the State of New York · 1904
  5. Pelow v. . Oil Well Supply Co.New York Court of Appeals · 1909

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