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 LodgeOpinion
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.