Marder v. Heinemann

Appellate Division of the Supreme Court of New York

Marder v. Heinemann

114 A.D. 794, 100 N.Y.S. 250, 1906 N.Y. App. Div. LEXIS 2191

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

DecidedJuly 24, 1906

StatusPublished

Cited by3 cases

This text of 114 A.D. 794 (Marder v. Heinemann) 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

Marder v. Heinemann, 114 A.D. 794, 100 N.Y.S. 250, 1906 N.Y. App. Div. LEXIS 2191 (N.Y. Ct. App. 1906).

Pincite

Opinion

Gaynor, J.:

The refusal of the defendant to allow the plaintiff to remove the plate glass to take out his ice box was a conversion thereof. By assenting to the removal of the plate glass to take the ice box in, the defendant assented to the taking of it out in the same way (Kelsey v. Durkee, 33 Barb. 410).

The judgment should be reversed.

Woodward, Jbnks, Hooker and Miller, JJ., concurred.

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.

Free access — add to your briefcase to read the full text and ask questions with AI