Goldbowitz v. Metropolitan Express Co.

Appellate Terms of the Supreme Court of New York

Goldbowitz v. Metropolitan Express Co.

91 N.Y.S. 318

Appellate Terms of the Supreme Court of New York·Decided December 23, 1904·Published·Cited by 2 cases

Opinions

GILDERSLEEVE, J.

This case comes up on an agreed statement of facts, in which statement counsel have agreed that the action is for a conversion.

Plaintiff delivered to the defendant a case containing merchandise, consigned to one Feinstein, 36 Orchard street, this city. The defendant failed to deliver the goods, and, when asked for the return of the same, claimed that they had been lost. This does not constitute conversion of the goods. Rubin v. Wells, Fargo Ex. Co. (Sup.) 85 N. Y. Supp. 1108.

Judgment reversed. New trial ordered, with costs to the appellant to abide the event. All concur.

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GILDERSLEEVE, J.

This case comes up on an agreed statement of facts, in which statement counsel have agreed that the action is for a conversion.

Plaintiff delivered to the defendant a case containing merchandise, consigned to one Feinstein, 36 Orchard street, this city. The defendant failed to deliver the goods, and, when asked for the return of the same, claimed that they had been lost. This does not constitute conversion of the goods. Rubin v. Wells, Fargo Ex. Co. (Sup.) 85 N. Y. Supp. 1108.

Judgment reversed. New trial ordered, with costs to the appellant to abide the event. All concur.

Goldbowitz v. Metropolitan Express Co., 91 N.Y.S. 318 (N.Y. Ct. App. 1904).

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