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Siemon v. Fargo

103 N.Y.S. 1142 Court N.Y. App. Term Decision date 1907-03-14 English

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p. 1142
SIEMON, Respondent, v. FARGO, Appellant.
(Supreme Court, Appellate Term.
March 14, 1907.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, First District. Action by Theodore IV. Siemon against James C. Fargo, as president of the American Express Company. From a judgment for plaintiff, defendant appeals. Modified. Carter, Ledyard & hlilhurn (J. Yimont Lyle, of counsel), for appellant. Hunt, Hill & Betts, for respondent.

Plaintiff recovered a judgment for $50 as damages for the loss of a pair of trousers. They were part of a suit of the same material. The suit cost $75, and was reasonably worth that sum, according to the evidence. The trousers, according to the evidencd, were worth $20. The defendant admitted having lost the article in question. The judgment is reversed, and a new trial granted, with costs and disbursements, unless plaintiff consents to reduce the judgment to $20, in which event the judgment, as modified, will be affirmed, without costs.