Bush v. Miller
New York Supreme Court
This action was commenced before a justice of the peace,of the county of Montgomery in May, 1848, and tried by a jury on the 25th day of July following. The pleadings were framed before the code of 1848 took effect. The declaration contained three counts.
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This action was commenced before a justice of the peace,of the county of Montgomery in May, 1848, and tried by a jury on the 25th day of July following. The pleadings were framed before the code of 1848 took effect. The declaration contained three counts. The first count was in case, charging that the defendant, in the fall of 1846, and ever since, was and had been, a storing and forwarding merchant, having his place of business upon the Erie canal, in the village of Port Jackson in the county of Montgomery. That the plaintiff, at the request of the defendant, delivered to him, as such…
1Opinion of the Court
By the Court, C. L. Allen, J.
It is objected that the authority of the plaintiff’s attorney to appear in the court below was not sufficiently proved. The testimony was, that letters were directed by the witness to the plaintiff at Fairfax, Vermont, in relation to the subject matter of the suit, and that several answers were received, purporting to be signed by the plaintiff, all in the same hand-writing, and dated at that place, and received by the witness in due course of mail; which letters contained a general authority to the witness to take such steps, legal or otherwise, as in his (the…
2Cases cited3 opinions
- Schmidt v. BloodNew York Supreme Court · 1832
- Dunlap v. HuntingNew York Supreme Court · 1846
- Cunningham v. Hudson River BankNew York Supreme Court · 1839
3Cited by4 opinions
- State, for Use of Altorfer Bros. Co. v. DalrympleSupreme Court of Minnesota · 1949
- Bowman v. EatonNew York Supreme Court · 1857
- Spears v. Lake Shore & Michigan Southern RailroadNew York Supreme Court · 1876
- Gibson v. American Merchants' Union Express Co.New York Supreme Court · 1874