SALTER v. HAVIVI


30 Misc.2d 251 (1961)

Andrew Salter, Plaintiff, v. Mosa Havivi, Defendant.

Supreme Court, Special and Trial Term, New York County.

April 24, 1961


Attorney(s) appearing for the Case

Richard Owen for plaintiff. Wittenberg, Carrington & Farnsworth (Philip Wittenberg of counsel), for defendant.


THOMAS C. CHIMERA, J.

Defendant was in the business of repairing and selling musical instruments and other things usually associated with such business. Until October 27, 1950 there is no evidence that he ever speculated in old, rare and "pedigreed" items. On that day he succeeded in influencing plaintiff, his brother-in-law, into lending him $5,000 with which to purchase a "Stradivarius", promising to repay plaintiff with interest at 6%.

In June...

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