Kirk v. Peerless Camera Stores, Inc.

Appellate Terms of the Supreme Court of New York

Kirk v. Peerless Camera Stores, Inc.

191 Misc. 661, 77 N.Y.S.2d 888, 1948 N.Y. Misc. LEXIS 2211

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 17, 1948

StatusPublished

This text of 191 Misc. 661 (Kirk v. Peerless Camera Stores, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kirk v. Peerless Camera Stores, Inc., 191 Misc. 661, 77 N.Y.S.2d 888, 1948 N.Y. Misc. LEXIS 2211 (N.Y. Ct. App. 1948).

Pincite

Opinion

Per Curiam.

Plaintiff. delivered the .film to - defendant with the knowledge that a third person wou,ld process it. Under-the circumstances defendant cannot be held liable as it exercised due care in selecting the processor.

The judgment should be reversed, with $30 costs, and judgment directed for defendant, with costs.

Eder and Hecht, JJ., concur.

Hammer, J., I dissent and vote for affirmance.

Judgment reversed, etc.

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