Appellate Division of the Supreme Court of New York, 1906

Marder v. Heinemann

Appellate Division of the Supreme Court of New York · Decided July 24, 1906 · Gaynor

114 A.D. 794; 100 N.Y.S. 250; 1906 N.Y. App. Div. LEXIS 2191

Counsel

Robert H. Roy, for the appellant., Fenton Rockwell, for the respondent.

Opinion of the Court

Gaynor, J.:

The refusal of the defendant to allow the plaintiff to remove the plate glass to take out his ice box was a conversion thereof. By assenting to the removal of the plate glass to take the ice box in, the defendant assented to the taking of it out in the same way (Kelsey v. Durkee, 33 Barb. 410).

The judgment should be reversed.

Woodward, Jbnks, Hooker and Miller, JJ., concurred.

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.

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