Prudential Soc'y, Inc. v. Ray

• Decision Date: 19 December 1924
• Citation: 239 N.Y. 600,147 N.E. 212
• Parties: PRUDENTIAL SOCIETY, Inc., Appellant, v. George A. RAY, Respondent.
• Court: New York Court of Appeals Court of Appeals

239 N.Y. 600

147 N.E. 212

PRUDENTIAL SOCIETY, Inc., Appellant,

v.George A. RAY, Respondent.

Court of Appeals of New York.

Dec. 19, 1924.

Appeal, by permission, from a judgment, entered January 8, 1924, upon an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department (207 App. Div. 496, 202 N .Y. S. 614), which reversed a judgment of the Supreme Court affirming a judgment of the City Court of Buffalo in favor of plaintiff and directed a dismissal of the complaint. Defendant presented his wife, an incompetent person, with a diamond ring which she subsequently pawned. As committee, he thereupon brought an action in replevin and recovered the ring. The pawnbroker then instituted this action against the defendant individualy, to recover the amount advanced on the ring, on the theory of negligence, in that the defendant carelessly, recklessly, willfully and wantonly disregarded the duties imposed upon him by intrusting the incompetent with a valuable piece of jewelry, knowing the probability of her pawning and of his certainty to replevy the same.

Walter C. Newcomb, of Buffalo, for appellant.

Charles Diebold, Jr., and Edward L. Jung, both of Buffalo, for respondent.

PER CURIAM.

Judgment affirmed, with costs.

HISCOCK, C. J., and POUND, CRANE, ANDREWS, and LEHMAN, JJ., concur.

CARDOZO, and McLAUGHLIN, JJ., absent.