COHEN v. B. J. DENIHAN, INC.


279 A.D. 728 (1951)

Sadie Cohen, Appellant, v. B. J. Denihan, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 11, 1951.


Determination affirmed, with costs to the respondent.

COHN, J. (dissenting).

A bailee, whatsoever the character of the bailment, is bound to redeliver the thing bailed to the proper person to receive it. (Ouderkirk v. Central Nat. Bank, 119 N.Y. 263; Sonn v. Smith, 57 App. Div. 372, 374.) Accepting as credible the testimony of defendant's witnesses, there was still in my opinion an insufficient basis for judgment in favor of defendant...

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