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35 Misc. 797

Fishel v. Weir

Appellate Terms of the Supreme Court of New York · decided 1901-06-15

<p>Appeal from a judgment rendered in favor of the plaintiffs in the Municipal Court of the city of New York, seventh district, borough of Manhattan.</p>

Decided 1901-06-15

Per Curiam.

¶1The provisions of the statute of Iowa, section 3130, as to “unclaimed property” were not complied with, as appears from the agreed statement of facts. Owners’ whereabouts were unknown; they had been twice requested for instructions regarding the disposition they wished made of the rejected package, and it is admitted that they had no notice of.the amount-of the carrier’s charges due and unpaid as required by this provision. Irrespective of the other questions involved, the sale was unauthorized by law, and the judgment below should be affirmed, with costs.

¶2Present: Scott, P. J., Beach and Fitzgerald, JJ.

¶3Judgment affirmed, with costs.

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