Legal Opinion

Kessler v. Deutsch

Appellate Terms of the Supreme Court of New York

Decided June 15, 1904Published

Appeal by the defendants from a judgment of the City Court of the city of Hew York,. entered in favor of the plaintiff upon the verdict of a jury, and from an order denying the defendants’ motion for a new trial.

1Opinion of the CourtFreedman, P. J.

The action was brought to recover damages for an assault and battery upon the plaintiff by the defendants’ servant who with others attempted to remove some property, from the plaintiff’s premises, which he had purchased from the defendants on the instalment plan. Ever since Mott v. Consumers’ Ice Co., 73 N. Y. 543, it is true, *210the rule-has heen well settled and enforced in a number of cases that for the acts of the servant, within the general scope of his employment, while engaged in his master’s business, and done with a view to the furtherance of that business and the master’s interest, the…

2Cases cited3 opinions

  1. Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
  2. Feneran v. Singer Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1897
  3. McGrath v. MichaelsAppellate Division of the Supreme Court of the State of New York · 1903

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API