Yudelman v. Louis

Appellate Terms of the Supreme Court of New York

Yudelman v. Louis

115 N.Y.S. 126

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 5, 1909

StatusPublished

This text of 115 N.Y.S. 126 (Yudelman v. Louis) 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

Yudelman v. Louis, 115 N.Y.S. 126 (N.Y. Ct. App. 1909).

Pincite

Opinion

PER CURIAM.

Action in conversion to recover $150, the alleged value of a scroll and other religious articles loaned by plaintiff to Mr. Potschin, and placed by the latter.in defendant’s premises for. the purpose of ceremonies; Potschin agreeing to pay defendant $150 for the premises during a specified period. Defendant was paid $25 on accqunt, but the ceremonies- did not transpire.

The evidence was problematical as to the actual value of these articles, which had been in use about six yeárs. • Plaintiff testified as to their cost. No market value was shown. A sexton testified that the [127]*127articles were'“worth”" about' the sums claimed by plaintiff. As to the “scroll” defendant testified:

“It"; lays-there-in-the office; valueless things. - I wouldn’t give $5 for it. Three parties .came for the scroll." - • .

The trial judge found for the. defendant. That the property belonged'to the plaintiff was undisputed; but that defendant did not know that fact-is also undisputed. The evidence justifies the conclusion that demand for the articles was made by plaintiff, and refused, because of the nonpayment of rent, by Potschin. _ Plaintiff is entitled to a return of the articles, or their value at the time of the trial, Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

Action in conversion to recover $150, the alleged value of a scroll and other religious articles loaned by plaintiff to Mr. Potschin, and placed by the latter.in defendant’s premises for. the purpose of ceremonies; Potschin agreeing to pay defendant $150 for the premises during a specified period. Defendant was paid $25 on accqunt, but the ceremonies- did not transpire.

The evidence was problematical as to the actual value of these articles, which had been in use about six yeárs. • Plaintiff testified as to their cost. No market value was shown. A sexton testified that the [127]*127articles were'“worth”" about' the sums claimed by plaintiff. As to the “scroll” defendant testified:

“It"; lays-there-in-the office; valueless things. - I wouldn’t give $5 for it. Three parties .came for the scroll." - • .

The trial judge found for the. defendant. That the property belonged'to the plaintiff was undisputed; but that defendant did not know that fact-is also undisputed. The evidence justifies the conclusion that demand for the articles was made by plaintiff, and refused, because of the nonpayment of rent, by Potschin. _ Plaintiff is entitled to a return of the articles, or their value at the time of the trial, Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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Bluebook (online)

115 N.Y.S. 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yudelman-v-louis-nyappterm-1909.