Wolfe v. Mayor of Jersey City
Wolfe v. Mayor of Jersey City
Opinion of the Court
The state of the case as settled by the trial judge discloses that this action was brought to recover possession of a diamond ring, a little over one karat in weight, in a, gold setting. The plaintiff came into* possession of the ring February 3d, 1924, under the following circumstances: A woman giving her name as Mary Kelly, of Newark avenue, Jersey City, called at the place of business of the plaintiff and produced to the clerk in charge thereof the diamond ring in question, and requested a loan upon the pledge of it of $15. The clerk examined the ring and said he would loan $35 upon it, to which the woman replied that that would be satisfactory. He then made an entry in his books, and wrote out a ticket.' Before giving the money to the woman he went to
We are now asked to reverse this judgment because — (1) the “judgment is contrary to law;” (2) “there was im evidence upon which the trial judge could predicate a judgment in favor of the defendant;” (3) “on the evidence judgment should have been rendered in favor of the plaintiff.”
But tlie record presents no support for such reasons for reversal. Oil the contrary, it justifies and requires, we think, tlie judgment rendered.
The position of the plaintiff is set out in her brief as follows: “The plaintiff delivered the ring to the defendant for one defin-ate and specific purpose. ■* * * The purpose'for which it was delivered was to ascertain, if possible, the true owner of the ring. * * * The possession of the defendants was a qualified one — a limited one. It was qualified and limited to exerting their efforts in behalf of locating the true owner.”
Eor present purposes we accept the plaintiff’s version. Thereby it ajipears that the plaintiff voluntarily delivered the ring to the defendants for the purpose of finding the true owner. There is nothing to indicate that any time limit was interposed as to 'such possession for the purpose of such investigation,'nor, indeed, that any condition whatsoever was
Out conclusion is that the judgment below was. amply justified in the situation disclosed by the record, and the judgment will be affirmed, with costs.
Reference
- Full Case Name
- SARA WOLFE, TRADING AS WOLFE'S LOAN OFFICE v. THE MAYOR AND ALDERMEN OF JERSEY CITY, AND LUKE BURKE, PROPERTY CLERK OF JERSEY CITY, DEFENDANTS-RESPONDENTS
- Status
- Published