Legal Opinion

Litzenberg v. Cole

Appellate Division of the Supreme Court of the State of New York

Decided February 11, 1915Published

Appeal by the defendant, Imogen H. Cole, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of June, 1914, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 17th day of June, 1914, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Laughlin, J.:

The plaintiff alleged that on the 14th day of November, 1913, at the special instance and request of the defendant, he sold and delivered to her jewelry consisting of five bar pins and three brooches, of the agreed price and reasonable value of $277, no part of which, with the exception of $20, has *135been paid, although the purchase price has been duly demanded; and he demanded judgment for the balance of $257 together with interest and costs. The defendant denied the material allegations.

The plaintiff was a jeweler and his place of business was in the Cambridge Building at Fifth…

2Cases cited3 opinions

  1. Kellogg v. . SweeneyNew York Court of Appeals · 1871
  2. Kellogg v. SweeneyNew York Supreme Court · 1869
  3. Abrahamovitz v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907

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