Zak v. Simpson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank Zak, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of October, 1914, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Dowling, J.:
This action is brought for the conversion by defendant, a licensed pawnbroker, of a diamond necklace valued at $2,000. Defendant’s answer, after interposing a general denial, set up as a separate defense that the necklace had been pawned with bim for the sum of $600 by one Kammerich, who was “.the agent of the plaintiff, with an unrestricted general power to , sell the diamond necklace supplied, given and delivered to him by the plaintiff,” and thereafter redeemed, to be again pawned with him by the same person for the same amount on June 16, 1911, whereby defendant acquired a…
2Cases cited1 opinion
- Stowell v. . OtisNew York Court of Appeals · 1877
3Cited by3 opinions
- Moskowitz v. CohenCity of New York Municipal Court · 1936
- Lundstrom v. De SantosCity of New York Municipal Court · 1954
- Zak v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1915