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ZENDMAN v. HARRY WINSTON, INC.

305 N.Y. 180 (1953)

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

Court of Appeals of the State of New York.

Decided April 9, 1953

Attorney(s) appearing for the Case

A. Aaron Raphael and Kenneth Carroad for appellant.

Abraham Lillienthal and Leon Finley for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FROESSEL, JJ., concur.

FULD, J.

On November 28, 1947, plaintiff Jane Zendman bought a diamond ring for $12,500 at an auction held at the gallery of Brand, Inc., on the Boardwalk in Atlantic City, New Jersey. Harry Winston, Inc., a diamond merchant located in New York City, claims ownership of the ring.

Brand and Winston had done business together for years. It was the custom of Harold Brand, the owner and proprietor of Brand...

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