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Kennedy v. Bowman Biltmore Hotel Corp.

Supreme Court, Appellate Term, First Department
Nov 8, 1935
157 Misc. 416 (N.Y. App. Term 1935)

Summary

In Kennedy v. Bowman Biltmore Hotel Corporation, 1935, 157 Misc. 416, 283 N.Y.S. 900, it was held that a wrist watch while ornamented with diamonds was primarily an article of daily use and not a jewel, ornament, or precious stone within the meaning of the New York statute which used similar terminology as our own Act.

Summary of this case from Brewer v. Roosevelt Motor Lodge

Opinion

November 8, 1935.

Appeal from the Municipal Court of New York, Borough of Manhattan, Fourth District.

Max J. Gwertzman, for the appellant.

James B. Henney, for the respondent.


The watch involved while ornamented with diamonds was primarily an article of daily use and not a jewel, ornament or precious stone within the meaning of section 200 Gen. Bus. of the General Business Law. (See Ramaley v. Leland, 43 N.Y. 539; Briggs v. Todd, 28 Misc. 208; Jones v. Hotel Latham Co., 62 id. 620.) Nor would the fact that a broken clasp made it unsafe to wear the watch on the day of its loss change the nature of the article. ( Briggs v. Todd, supra.) The question of ownership was not raised below.

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff in the amount of $500 with interest and costs.

All concur. Present — LYDON, CALLAHAN and SHIENTAG, JJ.


Summaries of

Kennedy v. Bowman Biltmore Hotel Corp.

Supreme Court, Appellate Term, First Department
Nov 8, 1935
157 Misc. 416 (N.Y. App. Term 1935)

In Kennedy v. Bowman Biltmore Hotel Corporation, 1935, 157 Misc. 416, 283 N.Y.S. 900, it was held that a wrist watch while ornamented with diamonds was primarily an article of daily use and not a jewel, ornament, or precious stone within the meaning of the New York statute which used similar terminology as our own Act.

Summary of this case from Brewer v. Roosevelt Motor Lodge

In Kennedy v. Bowman Biltmore Hotel Corp. (157 Misc. 416) the article lost from the hotel guest's room was a wrist watch ornamented with diamonds.

Summary of this case from Federal Ins. Co. v. Waldorf-Astoria Hotel
Case details for

Kennedy v. Bowman Biltmore Hotel Corp.

Case Details

Full title:JAMES T. KENNEDY, Appellant, v. BOWMAN BILTMORE HOTEL CORPORATION…

Court:Supreme Court, Appellate Term, First Department

Date published: Nov 8, 1935

Citations

157 Misc. 416 (N.Y. App. Term 1935)
283 N.Y.S. 900

Citing Cases

Federal Ins. Co. v. Waldorf-Astoria Hotel

In Hart v. Mills Hotel Trust ( 144 Misc. 121) it was held that a watch, a gold chain and knife were not…

Brewer v. Roosevelt Motor Lodge

" In Kennedy v. Bowman Biltmore Hotel Corporation, 1935, 157 Misc. 416, 283 N.Y.S. 900, it was held that a…