101 N.Y.S. 577 | N.Y. App. Term. | 1906
Mrs. Meyers, defendant’s predecessor in the dyeing business, received from plaintiff for cleaning a gown and waist of the alleged value of $300, which Mrs. Meyers sent to have some work done on to the establishment of a Mr. Serviss, who was to return them to Mrs. Meyers’ place; hut, before the return of the goods, defendant, by purchase from Mrs. Meyers, succeeded to her business and had control of the store at 829 Sixth avenue in which place plaintiff’s goods were on the night of March twenty-ninth. On that night the store was burglarized, since which time plaintiff’s goods have not been seen. There is ample proof
Gildeesleeve and Davis, JJ., concur. .
Judgment reversed and new trial ordered, with costs to appellant to abide event.