Liebowitz v. Brinn

Appellate Terms of the Supreme Court of New York

Liebowitz v. Brinn

113 N.Y.S. 685

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 24, 1908

StatusPublished

This text of 113 N.Y.S. 685 (Liebowitz v. Brinn) 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

Liebowitz v. Brinn, 113 N.Y.S. 685 (N.Y. Ct. App. 1908).

Pincite

Opinion

HENDRICK, J.

Under the view most favorable to the plaintiff, the bailment was a conditional one, conditional on the plaintiff’s settlement with his creditors. His right to possession could begin only with his fulfillment of the condition precedent, the settlement of his debts. The evidence shows that no such settlement was carried out, at least as to the defendants and one other creditor, and the plaintiff could not recover in conversion. The complaint should have been dismissed.

Judgment reversed and new trial ordered, with costs to appellants to abide the event. All concur.

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HENDRICK, J.

Under the view most favorable to the plaintiff, the bailment was a conditional one, conditional on the plaintiff’s settlement with his creditors. His right to possession could begin only with his fulfillment of the condition precedent, the settlement of his debts. The evidence shows that no such settlement was carried out, at least as to the defendants and one other creditor, and the plaintiff could not recover in conversion. The complaint should have been dismissed.

Judgment reversed and new trial ordered, with costs to appellants to abide the event. All concur.

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Bluebook (online)

113 N.Y.S. 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liebowitz-v-brinn-nyappterm-1908.