Majority
p. 1131FUCHS v. AARONSOHN. (Supreme Court, Appellate Term. November 7, 1900.)
Headnote
Action by Louis Fuchs against Harris Aaronsohn. From a judgment for defendant, plaintiff appeals.Affirmed.
J. H. Wood, for appellant. I. Marks, for respondent.
The plaintiff’s claim was-that at the time of the action the defendant wrongfully detained the chattels in question. The evidence showed that there was no wrongful detention, and therefore the judgment awarding the chattels to the defendant was proper. The defendant, not having unlawfully detained the property, was entitled to recover, and, as he had been deprived of the property, it was proper that it should be restored to him, or that he should have its value. Judgment affirmed, with costs.