Central Trust & Savings Co. v. Waterbury Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Central Trust and Savings Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of July, 1918, upon the report of a referee appointed to hear and determine, dismissing the complaint.
1Dissent
Finch, J. (dissenting):
While Dockendorff was undoubtedly the agent of the defendant to procure loans, yet he was also the agent of the plaintiff for some purposes. I cannot agree that the defendant did not have the right to make the payments which it did to Dockendorff. Plaintiff was under an express written contract to make such payments to Dockendorff, and it did, over a long-continued course of dealings, exactly what it was under contract to do. Defendant was first obliged to make such payments by the certificates of indebtedness, accepted by the plaintiff, which thereby ratified and…
2Cases cited1 opinion
- Presser v. . Central Trust and Savings CompanyNew York Court of Appeals · 1922