Sizer v. Hampton & Branchville Railroad & Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New„ York county. Action by Robert R. Sizer against the Hampton & Branchville Railroad & Lumber Company. From an order denying defendant’s motion to vacate an attachment on the papers on which it was granted, defendant appeals.
1Opinion of the CourtIngraham, J.
The attachment was granted upon a complaint verified in the usual form, and upon an affidavit of the plaintiff. The action is to recover the damages sustained by the failure to perform a contract for the sale of certain lumber, the contract being made by the firm of Campbell & Scherer. The complaint alleges that the plaintiff is informed and believes that Campbell & Scherer acted as commission agents for the defendant company, and not in their own behalf; that said agency was a secret agency, and unknown to this plaintiff, and was first known to him in the year 1898, after the commencement of…
2Cases cited1 opinion
- Hunt v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1900