Bernadette, Joseph & Co. v. Van Buren

Cochrane, P. J.:

This is an action to recover the purchase price of certain watches delivered by the plaintiff, doing business in Chicago, to the defendant, a merchant in the village of Schaghticoke, N. Y. The watches were stolen from the defendant without fault on his part. Plaintiff claims a sale of the watches to the defendant. The latter claims a consignment. The determination of this question will also *703determine which party must bear the loss occasioned by the larceny.

The contract consists entirely of written communications between the parties. On November 18, 1922, defendant wrote…