Lowenstein v. . Lombard, Ayres Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made May 7, 1897, reversing a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in- the opinion. Middleton’s powers as agent were co-extensive with the business and duties committed to his care. (Goldwater v. L., L. & G. Ins.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made May 7, 1897, reversing a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in- the opinion. Middleton’s powers as agent were co-extensive with the business and duties committed to his care. (Goldwater v. L., L. & G. Ins. Co., 39 Hun, 176; 109 N. Y. 618.) Middleton as the local agent of a transportation company could make contracts binding upon the company even in…
1Opinion of the CourtCullen, J.
This action was brought by the plaintiff, as survivor of the firm of Wollner & Lowenstein, to recover the value of certain merchandise shipped from Hew York on the steamer Yidette, which was lost at sea. In the year 1887 the defendant was operating as a common carrier of goods and persons a line of steamships, which included the Yidette, between the cities of Mew York and Mobile. The defendant’s principal business was the refining of petroleum, and the primary purpose of the maintenance of its steamship line was the transportation of its own lumber and staves from the South to Mew York. The…
2Cases cited9 opinions
- People Ex Rel. Tyroler v. Warden of City PrisonNew York Court of Appeals · 1898
- Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
- Magnin v. . DinsmoreNew York Court of Appeals · 1874
- Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875
- Isaacson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
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3Cited by17 opinions
- Moody v. PeiranoCalifornia Court of Appeal · 1906
- Johnson v. J. H. Yost Lumber Co.Court of Appeals for the Eighth Circuit · 1941
- Lbbw Luxemburg S.A. v. Wells Fargo Securities LLCDistrict Court, S.D. New York · 2014
- Hodges v. Bankers Surety Co.Appellate Court of Illinois · 1909
- Kidd v. Thomas A. Edison, Inc.District Court, S.D. New York · 1917
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