Georgi v. . Texas Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1916, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s assignor, knowing the name and identity of the principal, took judgment against the agent. The plaintiff cannot now have judgment. (Drennan v. Boice, 19 Misc.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1916, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s assignor, knowing the name and identity of the principal, took judgment against the agent. The plaintiff cannot now have judgment. (Drennan v. Boice, 19 Misc. Rep. 641; Tuthill v. Wilson, 90 N. Y. 423; Kingsly v. Davis, 104 Mass. 178; Ideal Concrete Co. v. Bank, 159 App. Div. 344;…
1Opinion of the CourtCrane, J.
This appeal touches upon the rule of election as between principal and agent for the recovery of goods sold. There is no misunderstanding about the law which is well settled by many authorities, but the difficulty has been its application to the facts of this case. Where goods have been sold to an agent whose agency and principal were not known and the claim has been prosecuted to a judgment, a recovery may nevertheless be had against the actual principal when the facts are disclosed. If, however, the creditor proceeds against the agent after full knowledge of thé agency and recovers a…
2Cases cited10 opinions
- Cobb v. . KnappNew York Court of Appeals · 1877
- Meeker v. . ClaghornNew York Court of Appeals · 1871
- Coleman v. . First National Bank of ElmiraNew York Court of Appeals · 1873
- Tuthill v. . WilsonNew York Court of Appeals · 1882
- Lindquist v. DicksonSupreme Court of Minnesota · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- American Woolen Co. v. . SamuelsohnNew York Court of Appeals · 1919
- Broderick v. AaronNew York Supreme Court · 1934
- Grinder v. Bryans Road Building & Supply Co.Court of Appeals of Maryland · 1981
- Johnson & Higgins v. Charles F. Garrigues Co.Court of Appeals for the Second Circuit · 1929
- Berkner v. RubinCity of New York Municipal Court · 1932
11 more not listed; retrieve them via the Exa API.