137 N.Y.S. 927 | N.Y. App. Term. | 1912
This action is brought for a breach of a bailee’s contract to return goods delivered to it by the plaintiff. The proof showed that the plaintiff delivered to the defendants thirty-four photographic films or negatives, for the purpose of having prints made therefrom. The defendants agreed to return the films with the prints within a few days after delivery. When the plaintiff first called and demanded the return of the films and prints, the defendants reported that they were unable to find them, and assured the plaintiff that they would make every effort to find them. A representative of the defendants told the plaintiff that the films had been printed in the laboratory and the price-marked upon them, and returned to the photographic department of the defendants’ store ready for delivery. The defendants offered evidence to show that the films had been sent to the photographic laboratory, prints made and the films returned to the photographic department. The defendants also showed the system in vogue in their store under which such articles were usually cared for, and that they pursued the same system which is in general use in large department stores in the city of Hew York. Upon this
Guy and Bijdr, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event.