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

477 N.Y.S.2d 288 (1984)

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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

Issue

Holding and Reasoning (Saxe, J.)

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