Bergman v. Neidhardt
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan; in favor of the defendant, upon a trial had before the court without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtGiegbrich, J.
The action is to recover damages for the conversion of a diamond scarf pin of the value of $100 which was delivered to the defendant under a conditional sale. The pleadings were oral and the answer set up a general denial; infancy, breach of contract and a counterclaim for $43 being the amount paid on account of the purchase price of said pin.
*805Before the trial, the plaintiff, in order to meet the defendant’s plea in disaffirmance of the contract, gave notice to the latter that he would apply to the court for leave to amend the complaint by setting up fraud and deceit as an additional cause of…
2Cases cited2 opinions
- Eckstein v. FrankNew York Court of Common Pleas · 1863
- Wheeler & Wilson Manufacturing Co. v. JacobsNew York Court of Common Pleas · 1893
3Cited by2 opinions
- Falk v. MacMastersAppellate Division of the Supreme Court of the State of New York · 1921
- Asbestos Plastering Co. v. Norcross Bros.Appellate Terms of the Supreme Court of New York · 1915