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Bunnell v. Stern

14 N.Y. St. Rep. 943 Court N.Y.C.P. English

Delivered by Van Hoesen, J.

Contents

Majority

p. 943
JENNIE V. BUNNELL, Resp’t, v. ISAAC STERN, App’lt.
L. B. Bunnell, for resp’t; M. S. Isaacs, for app’lt.

I am not in favor of allowing this case to go to the court of appeals, but the principle involved is so important that I think that there should be a re-argument in this court, and that the opinion of the court should be given in writing. There must be a breach of duty on the part of the defendants, in order to entitle the plaintiff to recover. I would like to hear counsel discuss, first, what the duty was, and in what it had its origin; second, in what the neglect of duty consisted. Was the defendant a depositary ? Assuming that he was, did he not take the same care of the plaintiff’s cloak as of his own goods.

Larremore, P. J., concurs.