Davidoff v. Flynn

Appellate Division of the Supreme Court of New York

Davidoff v. Flynn

247 A.D. 834

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1936·Published

Opinion

Plaintiff was the owner of some articles of second-hand furniture. The defendants wrongfully sold them. The trial court awarded plaintiff damages in the sum of $208. Plaintiff has appealed, contending that the • amount awarded is inadequate. The proof as to value is meager and unsatisfactory. There is evidence, however, showing that the furniture in question was worth $390. The judgment is modified by increasing plaintiff’s damages from $208 to $390.50, and as so modified affirmed, with costs. The court hereby reverses finding of fact numbered one contained in the decision and finds in place thereof that the furniture sold had a value of $390.50. Hill, P. J., Rhodes, McNamee, Bliss and Heffeman, JJ., concur.

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Plaintiff was the owner of some articles of second-hand furniture. The defendants wrongfully sold them. The trial court awarded plaintiff damages in the sum of $208. Plaintiff has appealed, contending that the • amount awarded is inadequate. The proof as to value is meager and unsatisfactory. There is evidence, however, showing that the furniture in question was worth $390. The judgment is modified by increasing plaintiff’s damages from $208 to $390.50, and as so modified affirmed, with costs. The court hereby reverses finding of fact numbered one contained in the decision and finds in place thereof that the furniture sold had a value of $390.50. Hill, P. J., Rhodes, McNamee, Bliss and Heffeman, JJ., concur.

Davidoff v. Flynn, 247 A.D. 834 (N.Y. Ct. App. 1936).

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