Miller v. Ungerer & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ungerer and Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 24th day of October, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Blackmar, J.:
The complaint states a cause of action for the purchase price of 4,700 pounds of benzyl chloride, sold and delivered by plaintiffs to defendant, and a cause of action for the cost of 44 carboys or containers purchased by plaintiffs at the request of and for the benefit of the defendant. The defense, when properly analyzed, is a general denial. In view of the *657disposition which I propose for the appeal, the second cause of action need not be considered.
The claim of the defendant that it acted only as agent of a disclosed principal, M. Naef & Co. of Switzerland, is not sustained by…
2Cases cited2 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Myers v. . De MierNew York Court of Appeals · 1873
3Cited by5 opinions
- Frankel v. Foreman & Clark, Inc.Court of Appeals for the Second Circuit · 1929
- Pottash v. Cleveland-Akron Bag Co.Appellate Division of the Supreme Court of the State of New York · 1921
- John F. Trainor Co. v. G. Amsinck & Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Smiley Steel Co. v. SchmollAppellate Division of the Supreme Court of the State of New York · 1922
- John Manners & Co. v. S. Hirshenhorn & SonsAppellate Division of the Supreme Court of the State of New York · 1952