Fleisher v. Wiskind

Appellate Division of the Supreme Court of New York

Fleisher v. Wiskind

239 A.D. 800

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

DecidedApril 15, 1933

StatusPublished

This text of 239 A.D. 800 (Fleisher v. Wiskind) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fleisher v. Wiskind, 239 A.D. 800 (N.Y. Ct. App. 1933).

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Opinion

Judgment of the City Court of Mount Vernon and order denying motion for a new trial unanimously affirmed, with costs. It is unnecessary to decide the conclusiveness of the written memorandum involved. The plaintiff, without objection or exception, gave testimony that the jewelry in question was delivered to the defendant to sell to whomsoever he pleased and on any terms that defendant sought to obtain upon a sale. The practical construction given by the plaintiff to the memorandum was, therefore, that of a sale and not of a bailment. Present — Lazansky, P. J., Young, Rapper, Carswell and Davis, JJ.

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Judgment of the City Court of Mount Vernon and order denying motion for a new trial unanimously affirmed, with costs. It is unnecessary to decide the conclusiveness of the written memorandum involved. The plaintiff, without objection or exception, gave testimony that the jewelry in question was delivered to the defendant to sell to whomsoever he pleased and on any terms that defendant sought to obtain upon a sale. The practical construction given by the plaintiff to the memorandum was, therefore, that of a sale and not of a bailment. Present — Lazansky, P. J., Young, Rapper, Carswell and Davis, JJ.

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Bluebook (online)

239 A.D. 800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleisher-v-wiskind-nyappdiv-1933.