Rapid Machine Works, Inc. v. Silberstein

Appellate Terms of the Supreme Court of New York

Rapid Machine Works, Inc. v. Silberstein

140 Misc. 30

Appellate Terms of the Supreme Court of New York·Decided December 15, 1930·Published·Cited by 2 cases

Opinion

Per Curiam.

We think the stipulation of counsel should be construed to permit defendant to mitigate his damages in the conversion action by showing the return of the goods and their value at that time, as an offset to the damages prima facie established by proof of value at the time of conversion.

Judgment and order reversed and a new trial ordered, with costs to appellant to abide the event.

Lydon and Peters, JJ., concur; Frankenthaler, J., concurs in result.

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Per Curiam.

We think the stipulation of counsel should be construed to permit defendant to mitigate his damages in the conversion action by showing the return of the goods and their value at that time, as an offset to the damages prima facie established by proof of value at the time of conversion.

Judgment and order reversed and a new trial ordered, with costs to appellant to abide the event.

Lydon and Peters, JJ., concur; Frankenthaler, J., concurs in result.

Rapid Machine Works, Inc. v. Silberstein, 140 Misc. 30 (N.Y. Ct. App. 1930).

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