ZENDMAN v. HARRY WINSTON, INC.


279 A.D. 28 (1951)

Jane Zendman, Respondent, v. Harry Winston, Inc., Appellant

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

October 30, 1951.


Attorney(s) appearing for the Case

Leon Finley (David S. Meyer with him on the brief), for appellant.

William S. Hauser of counsel (Carroad & Carroad, attorneys), for respondent.

GLENNON, J. P., DORE and VAN VOORHIS, JJ., concur; COHN and SHIENTAG, JJ., dissent and vote to affirm on the opinion of RABIN, J., at the Special Term.


Per Curiam.

Plaintiff sued for a declaratory judgment determining that she is the owner of a diamond ring for which she paid $12,500 at an auction on the boardwalk at Atlantic City, New Jersey. Defendant counterclaimed in replevin. This ring at the time of the sale belonged to defendant, which had delivered possession of it to the auctioneer under the following agreement of bailment: "The goods described and valued as...

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