Nelkin v. Provident Loan Society
This text of 241 A.D. 875 (Nelkin v. Provident Loan Society) 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
Judgment unanimously directed for plaintiff, without costs, upon agreed statement of facts. The facts in paragraph 10 of the submission may not be considered. (Green v. Wachs, 254 N. Y. 437.) The memorandum did not constitute Moskowitz an agent of the plaintiff for the sale of the ring (Green v. Wachs, supra), and, therefore, the Factors’ Act does not apply. (Pers. Prop. Law, § 43.) The ring having been obtained by Moskowitz from the plaintiff through a common-law larceny “ by trick and device ” for this added reason the Factors’ Act does not apply. (Stone, Inc., v. Provident Loan Society of New York, 260 N. Y. 536; Soltau v. Gerdau, 119 id. 380; Schmidt v. Simpson, 204 id. 434, 439.) Present — Lazansky, P. J., Kapper, Carswell, Seudder and Tompkins, JJ.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
241 A.D. 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelkin-v-provident-loan-society-nyappdiv-1934.