Forrest v. McCarthy
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment dismissing the complaint rendered in the Municipal Court of the City of Hew York, fourth district, borough of Manhattan.
1Opinion of the CourtLeventritt, J.
The plaintiff in this action seeks to charge the defendant as principal on the ground that he failed to disclose that he was acting merely in a representative capacity. The suit is brought to recover for the loss of certain articles stored with the Continental Storage Warehouse. A preliminary interview was had with the defendant, pursuant to which the goods were sent for storage. It appears that the defendant was simply a *126clerk in the employ of-the proprietors of the Continental Storage Warehouse, who were also the owners of the premises it occupied, but it does not appear that these facts…
2Cases cited2 opinions
- Cobb v. . KnappNew York Court of Appeals · 1877
- Whitman v. JohnsonNew York Court of Common Pleas · 1895
3Cited by1 opinion
- Marks v. Jos. H. Rucker & Co.California Court of Appeal · 1921