Marder v. Heinemann

Full title: ARTHUR MARDER, Appellant, v . ADAM HEINEMANN, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 24, 1906

114 App. Div. 794 (N.Y. App. Div. 1906)

100 N.Y.S. 250

Opinion

July 24, 1906.

Robert H. Roy, for the appellant.

Fenton Rockwell, for the respondent.

GAYNOR, J.:

The refusal of the defendant to allow the plaintiff to remove the plate glass to take out his ice box was a conversion thereof. By assenting to the removal of the plate glass to take the ice box in, the defendant assented to the taking of it out in the same way ( Kelsey v. Durkee, 33 Barb. 410).

The judgment should be reversed.

WOODWARD, JENKS, HOOKER and MILLER, JJ., concurred.

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.