Weiss v. Housman — 236 N.Y. 620

Majority

p. 620

Harry Weiss, Appellant, v. Clarence J. Housman et al., Respondents.

Headnote

Contract —■ sale — purchase of bonds to be deposited in bank in Germany —• action to recover missing bonds and coupons.

Weiss v. Housman, 204 App. Div. 152 , affirmed.

(Argued June 12, 1923;

decided July 13, 1923.)

Appeal from a judgment, entered January 29, 1923, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint which alleged a contract of sale evidenced by the following writing: “ Received from Mr. Harry Weiss, 90 Congress Street, Troy, N. Y., $7,450.03, in payment for £2,000 Japanese Bonds Second Series German-stamped (73j^ net and accrued interest), the bonds to be deposited at the Dresdner Bank, Berlin, which institution will hold said bonds, free of charge, subject to the order of Mr. Weiss, and thus under his sole control.

“ We further agree to furnish a receipt of the Dresdner Bank, setting forth the above, within a reasonable time.

“ A. A. HOUSMAN & CO.”

It was alleged that delivery was subsequently made to plaintiff of but 79 instead of 100 bonds and that from each of the bonds delivered seven coupons had been

p. 621

removed without his authority. This action was to recover the value of the missing bonds and coupons.

John T. Norton and Frederick G. Filley for appellant.

Ira Skutch and Benjamin F. Feiner for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Hrscocs, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.