AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

RAPID MACHINE WORKS, INC., Appellant, v. MARCUS SILBERSTEIN, Respondent. Re

PER CURIAM.

We think the stipulation of counsel should be construed to permit defendant to mitigate his damages in the conversion action by showing the return of the goods and their value at that time, as an offset to the damages prima facie established by proof of value at the time of conversion.

Judgment and order reversed and a new trial ordered, with costs to appellant to abide the event.

LYDON and PETERS, JJ., concur; FRANKENTHALER, J., concurs in result.

Use AI to get other relevant cases.

Comments

RAPID MACHINE WORKS, INC., v. SILBERSTEIN
(Dec 1, 1930)