Legal Opinion
Zaidens v. Salter
City of New York Municipal Court
Decided January 5, 1932PublishedCited by 8 opinions
1Opinion of the CourtDonnelly, J.
Plaintiff is the real party in interest. No subrogation ensued by reason of the loan or advance to plaintiff *441by the insurance company, repayable out of any net recovery for the loss or damage to the property which is the subject of the policy. (Lee v. Barrett, 82 Misc. 475, and cases cited.)
Where, as here, the goods described and valued were delivered to defendant at his risk, reasonable wear and tear only excepted, if they are lost, stolen or destroyed while in defendant’s possession and through no fault or negligence on his part, he is hable therefor to plaintiff. In such circumstances, the…
2Cases cited6 opinions
- Gravenhorst v. . ZimmermanNew York Court of Appeals · 1923
- Mulvaney v. King Paint Mfg. Co.Court of Appeals for the Second Circuit · 1919
- Lee v. BarrettCity of New York Municipal Court · 1913
- Rapid Safety Fire Extinguisher Co. v. Hay-Budden Manufacturing Co.New York Supreme Court · 1902
- National Cash Register Co. v. CailliasAppellate Terms of the Supreme Court of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dixey v. Federal Compress & Warehouse Co.Court of Appeals for the Eighth Circuit · 1942
- Agricultural Insurance v. A. Rothblum, Inc.New York Supreme Court · 1933
- Lipschutz v. Gordon Jewelry CorporationDistrict Court, S.D. Texas · 1974
- First Nat. Bank of Ottawa v. Lloyd's of LondonCourt of Appeals for the Seventh Circuit · 1940
- Buffalo Foundry & Machine Co. v. S. M. Frank & Co.New York Supreme Court · 1938
3 more not listed; retrieve them via the Exa API.