Logourl black
From our private database of 14,000+ case briefs...

Silver v. Wycombe, Meyer & Co., Inc.

City Court, City of New York, New York
477 N.Y.S.2d 288 (1984)


Facts

Martin Silver (plaintiff) ordered custom furniture from Wycombe, Meyer & Co., Inc. (Wycombe) (defendant). The order included an agreement that the furniture would be shipped to Silver’s home. When the furniture was ready, Silver paid Wycombe. Silver asked Wycombe to ship half of the furniture and to hold onto the rest for a little while. The first half arrived safely. Before Wycombe could ship the second half, the furniture was destroyed in a fire at Wycombe’s facility. An insurance company reimbursed Silver, and the insurance company sought to recover the proceeds from Wycombe. The insurance company (plaintiff) sued Wycombe, arguing the risk of loss never passed to Silver because the furniture had never been delivered to Silver. However, Wycombe argued that it had completed the transaction with Silver by making the furniture available for delivery. Wycombe claimed that it was merely a bailee, storing the second half of Silver’s furniture at Silver’s request. Because Silver had control over the furniture at the time of the fire, Wycombe argued that the risk of loss had passed to Silver.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Saxe, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 174,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.