Weser v. Throne

Appellate Terms of the Supreme Court of New York

Weser v. Throne

35 Misc. 812, 72 N.Y.S. 1134

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 812 (Weser v. Throne) 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

Weser v. Throne, 35 Misc. 812, 72 N.Y.S. 1134 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

The positive testimony of the plaintiff’s witness Stover, of having left the contract of rental and the account for the first month’s rental, with a clerk of the hotel, is sufficient to establish the giving of the notice necessary to charge the defendants with knowledge that the piano was the property of the plaintiff and was not owned by the guest. This is clearly shown, notwithstanding the purely negative and somewhat contradictory testimony of hotel employees. Tinder the notice given, the defendants could not acquire any lien.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

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Per Curiam.

The positive testimony of the plaintiff’s witness Stover, of having left the contract of rental and the account for the first month’s rental, with a clerk of the hotel, is sufficient to establish the giving of the notice necessary to charge the defendants with knowledge that the piano was the property of the plaintiff and was not owned by the guest. This is clearly shown, notwithstanding the purely negative and somewhat contradictory testimony of hotel employees. Tinder the notice given, the defendants could not acquire any lien.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

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Bluebook (online)

35 Misc. 812, 72 N.Y.S. 1134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weser-v-throne-nyappterm-1901.