Rapid Machine Works, Inc. v. Silberstein

Appellate Terms of the Supreme Court of New York

Rapid Machine Works, Inc. v. Silberstein

140 Misc. 30

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1930

StatusPublished

Cited by2 cases

This text of 140 Misc. 30 (Rapid Machine Works, Inc. v. Silberstein) 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

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

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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.

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Bluebook (online)

140 Misc. 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rapid-machine-works-inc-v-silberstein-nyappterm-1930.

Opinion

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