Walsh v. New York & Kentucky Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York and Kentucky Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 15th day of May, 1903, which order affirmed a judgment of the General Term of the City Court of the city of New York, entered in the office of the clerk of said court on the 3d day of January, 1903, upon an order affirming a judgment of the City Court of the city of New York in favor of the…
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Appeal by the defendant, New York and Kentucky Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 15th day of May, 1903, which order affirmed a judgment of the General Term of the City Court of the city of New York, entered in the office of the clerk of said court on the 3d day of January, 1903, upon an order affirming a judgment of the City Court of the city of New York in favor of the plaintiff, entered in' the office of the clerk of said court on the 5th day of June, 1902. upon the "verdict of a jury, and…
1Opinion of the Court
O'Brien, J.:
Were there no evidence other than the letter written by the plaintiff to the defendant and in form accepted by one describing himself as the secretary of the company, and which purports to set forth the terms of the agreement between the parties, we should have serious difficulty in sustaining the ruling made admitting it, without some proof that the person who signed it as secretary of the defendant was in fact such and had the authority express or implied so to bind the defendant. Apart, however, from this letter, there was evidence given from which the arrangement between the…
2Cases cited4 opinions
- Turner v. . KouwenhovenNew York Court of Appeals · 1885
- Elliott v. MillerNew York Court of Common Pleas · 1892
- Arnold v. AdamsAppellate Division of the Supreme Court of the State of New York · 1898
- Bowdish v. BriggsAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by15 opinions
- Clark v. WestAppellate Division of the Supreme Court of the State of New York · 1910
- Parker v. Dairymen's League Co-operative Ass'nAppellate Division of the Supreme Court of the State of New York · 1927
- Seaburn v. ZachmannAppellate Division of the Supreme Court of the State of New York · 1904
- Lindner v. Cape Brewery & Ice Co.Missouri Court of Appeals · 1908
- Bozzone v. StaffordAppellate Terms of the Supreme Court of New York · 1914
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