Murphy v. Buckley Newhall Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Buckley Newhall Company, from a judgment of the Stipreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 24th day of November, 1911, upon the verdict'of .a jury for $1,000, and-also from an order entered in said clerk’s office on the 29th day of November, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
This appeal is from a judgment against a master for an assault and battery committed by its servant when retaking from the plaintiff certain goods which the master had sold and delivered to her on credit. We think that the evidence did not justify a finding that the act of the servant was committed in the course of his employment. There is evidence, credible and uncontradicted, that the servant was a collector of debts due the master. Authority to retake the goods cannot be implied from such a calling. (Feneran v. Singer Manufacturing Co., 20 App. Div. 574.) There is evidence,…
2Cases cited2 opinions
- Feneran v. Singer Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- McGrath v. MichaelsAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Matsuda v. HammondWashington Supreme Court · 1913