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114 Misc. 533

Kupchick v. Levy

New York Supreme Court

Decided March 15, 1921

New York Supreme Court · decided 1921-03-15

Appeal by defendants from, a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, in favor of the plaintiff.

Decided 1921-03-15

Guy, J.

¶1I am of the opinion that the doctrine of estoppel has no applicability, as the pledgee had no knowledge o.f and did not rely upon any previous dealings between plaintiff and Bonner, the pledgor.

¶2The evidence of plaintiff’s salesman is convincing that notwithstanding the memorandum signed by the pledgor, she was entrusted with the possession ” of the merchandise in question for the purpose of sale,” and must be deemed to be the true owner thereof ” to the extent of giving validity to her contract with defendant, pledging said merchandise for moneys advanced to her. Thompson v. Goldstone, 171 App. Div. 666, 668.

¶3Judgment reversed and complaint dismissed, with thirty dollars costs in this court and costs in the court below.

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