Remington v. . Palmer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of defendant, entered upon an order denying a motion for a new trial and directing judgment on a nonsuit. (Reported below, 1 Hun, 619.) This action was brought to recover the amount of an assessment for street improvements upon premises deeded by defendant to plaintiffs.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of defendant, entered upon an order denying a motion for a new trial and directing judgment on a nonsuit. (Reported below, 1 Hun, 619.) This action was brought to recover the amount of an assessment for street improvements upon premises deeded by defendant to plaintiffs. The evidence of plaintiffs tended to show that defendant contracted to sell to plaintiffs certain premises in the city of Rochester for $20,000, $5,000 .down, the balance in installments. Defendant executed and sent to…
1Opinion of the CourtMiller, J.
The defendant’s agent, Harris, had ample authority to enter into a contract with the plaintiffs for the payment of the assessment upon the real estate sold and conveyed by the defendant to them. According to the telegram sent by the defendant to Harris, the defendant agreed to abide by Harris’ decision, as to the payment of the tax, and this agreement vested Harris with full power to pay by deducting the amount from the purchase-money when it was paid, or by making arrangements for its payment when it became due. The authority was not restricted to a present payment, but quite sufficient to…
2Cases cited2 opinions
- Wright v. . WeeksNew York Court of Appeals · 1862
- Murdock v. . GilchristNew York Court of Appeals · 1873
3Cited by16 opinions
- McFarland v. MelsonSupreme Court of Missouri · 1929
- Smith v. PutnamWisconsin Supreme Court · 1900
- Morgan v. South Milwaukee Lake View Co.Wisconsin Supreme Court · 1897
- Lambert v. KrumAppellate Terms of the Supreme Court of New York · 1923
- Whicker v. HushawIndiana Supreme Court · 1902
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