Dietz v. Yetter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Andrew B. Tetter, from a judgment ■of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 24tli day of February, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 4th day of March, 1898, nuncjpro tunc, as,of the 18th day of February, 1898, denying the defendant’s motion for a new trial made upon the minutes, except from so much of said order as…
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Appeal by the defendant, Andrew B. Tetter, from a judgment ■of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 24tli day of February, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 4th day of March, 1898, nuncjpro tunc, as,of the 18th day of February, 1898, denying the defendant’s motion for a new trial made upon the minutes, except from so much of said order as directs that it be entered in the place and stead of the order entered herein on February 18,1898, and so much thereof as…
1Opinion of the Court
Ingraham, J.:
The action was brought to recover for the value of certain furniture stored by the plaintiff in the defendant’s storehouse and destroyed by fire, the building in which the goods were stored, together with its contents, having been totally destroyed. The plaintiff alleged that in the month of August, 1895, he was desirous of -storing in an absolutely safe and fireproof warehouse certain goods, wares and household utensilsthat for some time prior to August, 1895, the defendant falsely aud fraudulently, by means of his agents and servants and by his printed advertisements,…
2Cases cited1 opinion
- Hickey v. . MorrellNew York Court of Appeals · 1886
3Cited by3 opinions
- Kirstein v. Bekins Van & Storage Co.California Court of Appeal · 1915
- Montague v. Bank for SavingsNew York Supreme Court · 1943
- Gruel v. YetterAppellate Terms of the Supreme Court of New York · 1899