Kirchner v. New Home Sewing-Machine Co.
New York Supreme Court
Appeal from circuit court, Kings county. Action by Gustav A. Kirchner against the New Home Sewing-Machine Company for damages. The complaint was dismissed at the trial, and plaintiff appeals.
1Opinion of the CourtBarnard, P. J.
This case should have gone to the jury. The defendant is a manufacturer of sewing-machines. The plaintiff sold machines for the defendant. The precise nature of the arrangement is not very clear, but whether the plaintiff was a purchaser of the machines, or was merely an agent to sell them, it seems clear that the price of the machines was not payable by plaintiff to defendant until after they were sold. Kirchner hired the store and had property of his own in it. The defendant arrested the plaintiff for misappropriation of moneys collected, and the plaintiff was put in jail. The plaintiff…
2Cited by3 opinions
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Walbourn v. HingstenNew York Supreme Court · 1895
- Kirchner v. New Home Sewing-Machine Co.New York Supreme Court · 1891