Ryan v. New Prosperity Cleansing Stores, Inc.

Appellate Terms of the Supreme Court of New York

Ryan v. New Prosperity Cleansing Stores, Inc.

193 Misc. 801, 87 N.Y.S.2d 812, 1948 N.Y. Misc. LEXIS 3945

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 16, 1948

StatusPublished

This text of 193 Misc. 801 (Ryan v. New Prosperity Cleansing Stores, Inc.) 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

Ryan v. New Prosperity Cleansing Stores, Inc., 193 Misc. 801, 87 N.Y.S.2d 812, 1948 N.Y. Misc. LEXIS 3945 (N.Y. Ct. App. 1948).

Pincite

Opinion

Per Curiam.

It was error to assess damages upon the basis of the value of an entire suit where only the skirt was sent to defendant for dry cleaning. The liability of a bailee may not be extended to include the reduced value of goods not included in the bailment and not otherwise within the contemplation of the parties (Carcone v. Marcus, N. Y. L. J., Jan. 26,1948, p. 321, col. 7 [App. Term, 2d Dept.]; Marcia Frocks, Inc., v. New York Dress Delivery, 29 N. Y. S. 2d 322).

The judgment should be unanimously reversed on the law and new trial granted, with $10 costs to defendant to abide the event.

Steinbrink and Golden, JJ., concur. MacCrate, J., taking no part.

Judgment reversed, etc.

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Per Curiam.

It was error to assess damages upon the basis of the value of an entire suit where only the skirt was sent to defendant for dry cleaning. The liability of a bailee may not be extended to include the reduced value of goods not included in the bailment and not otherwise within the contemplation of the parties (Carcone v. Marcus, N. Y. L. J., Jan. 26,1948, p. 321, col. 7 [App. Term, 2d Dept.]; Marcia Frocks, Inc., v. New York Dress Delivery, 29 N. Y. S. 2d 322).

The judgment should be unanimously reversed on the law and new trial granted, with $10 costs to defendant to abide the event.

Steinbrink and Golden, JJ., concur. MacCrate, J., taking no part.

Judgment reversed, etc.

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Bluebook (online)

193 Misc. 801, 87 N.Y.S.2d 812, 1948 N.Y. Misc. LEXIS 3945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-new-prosperity-cleansing-stores-inc-nyappterm-1948.