Opinion
December Term, 1930.
Appeal from the City Court of New York, New York County.
Samuel A. Hirshowitz, for the appellant.
Shepard Broad, for the respondent.
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.