87 N.Y.S. 1068 | N.Y. App. Div. | 1904
This case comes before the court upon an agreed statement of facts. (Code Civ. Proc. § 1279.) The plaintiff’s testator, George W. Stephens, at five different times commencing on the 8th of June, 1900, and ending on the 30th of November, 1901, pawned with the defendants, duly licensed pawnbrokers doing business in the city of New York, five pieces of jewelry, for which five pawn tickets were issued, numbered, respectively, 3,032, 18,190, 33,595, 35,316 and 37,369. Stephens failed to redeem any of the articles, and upon sales had, after deducting the amount loaned, together with the interest thereon and expenses of the sale, deficiencies were realized of $1,033 on property covered by ticket No. 3,632; $1.70 on No. 18,190; $414 on No. 35,316; and $10.40 on No. 37,369; but on No. 33,595 a surplus was realized of $434.40, and the question presented by the .submission is whether the plaintiff is entitled to this surplus or whether the defendants can offset the same against the deficiencies. The five loans were made at different times, on dif
The construction thus placed upon the statute and the transactions of the parties is supported by Dobree v. Norcliffe (23 L. T. Rep. [N. S.] 552). In that case the court had under consideration
The plaintiff under the subrhission is entitled to judgment against the defendants for $434.40, besides costs.
Van Brunt, P. J., O’Brien, Ingraham and Hatch, JJ., concurred.
Judgment ordered in favor of plaintiff for $434.40, with costs.