Leary v. Albany Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Albany Brewing Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Herkimer on the 16th day of December, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Davy, J.:
The plaintiffs recovered a judgment against the defendant for $291.42 at the Herkimer County Trial Term; from that judgment and the order denying a motion for a new trial this appeal is taken.
The principal question in this case is whether the defendant ratified the contract of one John Sheridan, who was an .assumed agent.
In November, 1900, William Moore, of Little Falls, with Walter Sheridan and John Sheridan went to the office of the defendant in the city of Albany to make arrangements with the defendant to sell its beer. Moore was introduced to the assistant superintendent, Mr.…
2Cases cited3 opinions
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Alexander v. . CauldwellNew York Court of Appeals · 1881
- Manhattan Life Insurance v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1893
3Cited by4 opinions
- Siegel v. Kentucky Fried Chicken of Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- McCorry v. John C. Wiarda & Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Avnet, Inc. v. American International Life Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1978
- Burns v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1958