1. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. NEWMAN v. SUMMY CO. 133 F.2d 465 (2d Cir. 1943) Case Brief

2. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. NEWMAN v. SUMMY CO. PURPOSE: Case is an example of conflict of laws problem.

3. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. NEWMAN v. SUMMY CO. CAUSE OF ACTION: Bailment.

4. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. NEWMAN v. SUMMY CO. FACTS: Plaintiff sends her music manuscript to Defendant (in Chicago), who then, with her permission, sends it to New York as “sheet music” (uninsured) via Railway Express. The manuscript is lost, Plaintiff sues for cost of rewriting.

5. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. NEWMAN v. SUMMY CO. ISSUE: Whether New York law holding bailee liable only for gross negligence should apply (and jury accordingly be instructed).

6. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. NEWMAN v. SUMMY CO. HOLDING: No.

7. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. NEWMAN v. SUMMY CO. REASONING: New York conflict of laws principles require application of Illinois law under which a bailee is liable for simple negligence—the arrangements and the performance of the bailment were accomplished in Chicago.