Kirsch v. Provident Loan Society
Appellate Terms of the Supreme Court of New York
1DissentEder, J.
With respect to Provident Loan my dissent is placed upon the ground that it, as a bailee, did not use that degree of care, before delivering the pledged article to Goldman, as a, reasonably prudent person should have done, in the circumstances.
A pawnbroker is a bailee and is subject to the rules of law applicable to such a status and relationship.
In addition to the statutes, the common law regulates the duties of pawnbrokers and as there are many instances where statute law is silent, the common law provides rules governing the obligations of a contract of pawn and fixing .the duties imposed…
2Cases cited6 opinions
- Mann v. R. Simpson & Co.New York Court of Appeals · 1941
- Bank of Oswego v. . DoyleNew York Court of Appeals · 1883
- Freudenheim v. . G&220tterNew York Court of Appeals · 1911
- Robinson v. WilkinsonMichigan Supreme Court · 1878
- Douglas v. ScottAppellate Division of the Supreme Court of the State of New York · 1909
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