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Negligent bailment - Plaintiff jeweler allegedly sent diamond to defendant to mount into ring - Plaintiff claimed defendant lost diamond - Defendant never received diamond.

New York County, NY

The plaintiff, Kazanjian Bros. Inc. a jewelry concern located in Los Angeles, California, alleged that on December 4, ________, it shipped a ________ carat diamond to the defendant, Rima Investors Corp. its long time business associate in New York. Kazanjian had a verbal agreement with the actress Jennifer Tilly to purchase the diamond once it was set in a ring and Kazanjian alleged that it had sent the diamond to Rima for that purpose. Kazanjian alleged that it had given the diamond together with a pearl necklace in a Brinks Armored Security pouch to a Brinks Armored security guard and that it was flown to New York. However, the receiving clerk at Rima argued that while she received the pouch with a pearl necklace in it, there was no diamond. Kazanjian contended that the clerk must have accidentally thrown away the diamond and commenced this action seeking recovery of$________.________ initially, and later $________.

The plaintiff did not produce the employee who allegedly packaged the diamond with the pearl necklace in the pouch. The receiving clerk for the defendant did testify and asserted that the diamond was not in the pouch when she opened it. The owner of defendant Rima testified that it was the practice of Kazanjian to call ahead to advise them that it was sending a particular jewel, but that this did not occur in this instance. The pouch containing the pearl necklace was received on a Friday, and a representative of Kazanjian did not call until Monday to see if the pouch was received.

After a seven day trial, and after deliberating for two hours, the jury returned a defense verdict, indicating that they believed the diamond had never been placed in the pouch and sent.

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