Toro v. Horn
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Rosa Di Toro against Benjamin Horn. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtBijur, J.
Plaintiff sued defendant, a city marshal, in replevin for certain bags of flour seized by him by virtue of an execution in favor of some third parties against one Ferdinando Castaldo. Plaintiff’s claim is that she sold the flour seized, not to Ferdinando Castaldo at all, but to C. P. Castaldo, the latter’s wife, and under a memorandum expressed in a receipt reading:
‘Tt is strictly understood that all flour is delivered on consignment, and is not sold until paid for.”
[1] Defendant urged below, on his motion to dismiss, that since plaintiff admitted that she knew that the flour was being…
2Cases cited7 opinions
- Cook v. GrossAppellate Division of the Supreme Court of the State of New York · 1901
- Ginzburg v. De SilvestreNew York Supreme Court · 1904
- Scherl v. FlamAppellate Division of the Supreme Court of the State of New York · 1908
- Cook v. GrossAppellate Division of the Supreme Court of the State of New York · 1901
- Diamond v. RosenblattAppellate Terms of the Supreme Court of New York · 1913
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