66 N.Y.S. 972 | N.Y. App. Div. | 1900
The Municipal Court justice gave judgment for the defendant, dismissing the complaint on the ground that a case of conversion had not been made out and that plaintiff should have brought his action on contract. I think that this action is on contract. The plaintiff alleges that he consigned to the defendant certain bicycles for sale, and that the proceeds of the sales, less the commission, were to be
' Thus the complaint and the practical construction thereof by the
The judgment should be reversed and a new trial ordered, with costs to abide the final award of costs.
All concurred.
Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.