Prochownick v. Boyd
New York Supreme Court
Appeal from circuit court. Joseph Duelos and Adolph Prochownick, trading under the name of the East Biver Iron-Works, brought this action against Eugene S. Boyd and another to recover for iron-work furnished under a written contract.
Read the full summary
Appeal from circuit court. Joseph Duelos and Adolph Prochownick, trading under the name of the East Biver Iron-Works, brought this action against Eugene S. Boyd and another to recover for iron-work furnished under a written contract. The defense was payment; a check to the order of the East Biver Iron-Works having been given by defendants to the plaintiffs’ agent, in the manner stated in the opinion, and the agent having collected the check and appropriated the proceeds to his own use.
1Opinion of the CourtBarnard, P. J.
The defense in this case, under the verdict of the jury, rests on a good foundation. The plaintiffs, who did business under the name *360of the East River Iron-Works, made a contract for work and materials with the defendants. The contract upon plaintiffs’ part was made through the agency of and was signed by Charles Sidney for the East River Iron Company. The contract was delivered to plaintiffs by Sidney. Sidney collected all the money on the contract. He returned some, but not all, to the plaintiffs. Sidney was in plaintiffs’ employment, and acted as representative and' superintendent, and…
2Cited by1 opinion
- Louis Solomon, Inc. v. DeutschAppellate Terms of the Supreme Court of New York · 1924