Legal Opinion

James v. Libby, McNeil & Libby

Appellate Division of the Supreme Court of the State of New York

Decided April 7, 1905Published

Appeal from Appellate Term. Action, by William James against Libby, McNeil & Libby. From a judgment of the Appellate Term (88 N. Y. Supp. 812) reversing a judgment of the City Court entered on a verdict of the jury, plaintiff appeals. Reversed.

1Opinion of the CourtIngraham, J.

This action is to recover the damages sustained by the plaintiff by the breach of a contract by which the defendant sold to Willard, plaintiff’s assignor, certain merchandise. The defendant, a corporation organized under the laws of the state of Illinois, with an office in Chicago, was represented in the city of New York by an agent, whose authority is admitted by the answer. The case was tried before a jury in the City Court, who found a verdict for the plaintiff, from the judgment entered upon which the defendant appealed to the Appellate Term, where that judgment was reversed.

Upon the…

2Cases cited2 opinions

  1. Pierson v. . CrooksNew York Court of Appeals · 1889
  2. Hardt v. Western Electric Co.Appellate Division of the Supreme Court of the State of New York · 1903

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