Loader v. Brooklyn Chair Co.
This text of 72 N.Y.S. 297 (Loader v. Brooklyn Chair Co.) 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.
Opinion
In this case there appears to be no dispute but that the chairs which are the subject of the controversy were returned by the plaintiffs to the defendant, and have ever since been retained by it. Under the contract the plaintiffs were therefore entitled to a return of the money which they had paid for the chairs, unless the defendant refused to accept them and offered to return them. Having retained the chairs, and not having offered to return them, the judgment appealed from is unsupported. There should therefore be a new trial ordered.
Judgment of the municipal court reversed, and new trial ordered; costs to abide the event.
JENKS and SEWELL, JJ., dissent.
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Cite This Page — Counsel Stack
72 N.Y.S. 297, 64 A.D. 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loader-v-brooklyn-chair-co-nyappdiv-1901.