Appellate Division of the Supreme Court of the State of New York May 6, 1925 (Bernadette, Joseph & Co. v. Van Buren)

Cochrane, P. J.:

This is an action to recover the purchase price of certain watches delivered by the plaintiff, doing business in Chicago, to the defendant, a merchant in the village of Schaghticoke, N. Y. The watches were stolen from the defendant without fault on his part. Plaintiff claims a sale of the watches to the defendant. The latter claims a consignment.