Rich v. Karp

Appellate Terms of the Supreme Court of New York

Rich v. Karp

110 Misc. 344

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 15, 1920

StatusPublished

This text of 110 Misc. 344 (Rich v. Karp) 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

Rich v. Karp, 110 Misc. 344 (N.Y. Ct. App. 1920).

Pincite

Opinion

Mullan, J.

The defendant auctioneer made no announcement that the goods were not his own. At no time did he reveal the name of the owner, if he [345]*345were not such. He billed the goods in his own name. We are of the opinion that in such circumstances he must be deemed a seller as the term is used in section 127 of the Personal Property Law. See Meyer v. Redmond, 205 N. Y. 478. It is immaterial that title passed before shipment. Miller v. Harvey, 221 N. Y. 54. As the defendant was a seller, and was authorized by the buyer to ship, he was called upon to exercise the care required of any vendor so authorized. He was under no compulsion to attend to the shipping arrangements. But, having consented to ship, he should have shipped properly, and this he failed to do. Miller v. Harvey, supra.

Bijtjr and Pendleton, JJ., concur.

Judgment affirmed, with twenty-five dollars costs.

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

Mullan, J.

The defendant auctioneer made no announcement that the goods were not his own. At no time did he reveal the name of the owner, if he [345]*345were not such. He billed the goods in his own name. We are of the opinion that in such circumstances he must be deemed a seller as the term is used in section 127 of the Personal Property Law. See Meyer v. Redmond, 205 N. Y. 478. It is immaterial that title passed before shipment. Miller v. Harvey, 221 N. Y. 54. As the defendant was a seller, and was authorized by the buyer to ship, he was called upon to exercise the care required of any vendor so authorized. He was under no compulsion to attend to the shipping arrangements. But, having consented to ship, he should have shipped properly, and this he failed to do. Miller v. Harvey, supra.

Bijtjr and Pendleton, JJ., concur.

Judgment affirmed, with twenty-five dollars costs.

Cite This Page — Counsel Stack

Bluebook (online)

110 Misc. 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rich-v-karp-nyappterm-1920.

Opinion

Related

Cite This Page — Counsel Stack