Sager Manufacturing Co. v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Sullivan Smith, from a judgment of the Supreme Gourt in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 11th day of May, 1899, upon the decision of the court rendered after a trial before the court without a jury at the Monroe Trial Term. ■ The action was commenced-6n the 31st day. of December, 1898,, to recover for goods sold to the defendant, and for which it is alleged he became personally liable. ■…
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Appeal by the defendant, Frank Sullivan Smith, from a judgment of the Supreme Gourt in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 11th day of May, 1899, upon the decision of the court rendered after a trial before the court without a jury at the Monroe Trial Term. ■ The action was commenced-6n the 31st day. of December, 1898,, to recover for goods sold to the defendant, and for which it is alleged he became personally liable. ■ The facts are not in dispute. The plaintiff was a domestic corporation, engaged in the manufacture of bicycle supplies…
1Opinion of the Court
McLennan, J. :
But two questions are presented upon this appeal:
First. Was the defendant authorized, by the order of the court: appointing him receiver, tq make the purchase in' question ?
Second.. If the defendant acted within the scope of the authority-conferred by the order appointing him receiver in making the purchase in question, and fully disclosed the character in which he-assumed to act, did he incur á personal liability ?
A receiver has no power, unless expressly authorized by the court: appointing him, to incur any expense on account of property in liishands, except such as is…
2Cases cited5 opinions
- Vilas v. . PageNew York Court of Appeals · 1887
- Kain v. . SmithNew York Court of Appeals · 1880
- Cardot v. . BarneyNew York Court of Appeals · 1875
- Ryan v. RandCity of New York Municipal Court · 1887
- Livingston v. PettigrewNew York Supreme Court · 1872
3Cited by9 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Knickerbocker Ice Co. v. BensonCity of New York Municipal Court · 1935
- Hornby v. HornbySouth Dakota Supreme Court · 1946
- Olpherts v. SmithAppellate Division of the Supreme Court of the State of New York · 1900
- Olpherts v. SmithAppellate Division of the Supreme Court of the State of New York · 1900
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