Tallman v. Kimball
New York Supreme Court
Appeal from St. Lawrence county court. Action by Charles F. Tallman and James P. Howe against William H. Kimball to recover for materials purchased by one Thomas Ma-honey, who is engaged in repairing a building owned by defendant, and used in such building. A judgment of the justice of the peace was affirmed by the county court, and plaintiffs appeal.
1Opinion of the CourtMayham, P. J.
Two grounds are relied upon by the appellants for the reversal of the judgment on this appeal.
First. That the acts of the mechanic who did the work and purchased the materials, although not authorized in advance by the defendant, were in all respects adopted and ratified by him, except as to the plaintiff’s claim, after the work was done and the materials were furnished, and that such ratification was equivalent to an original authority from the defendant. The fact that the mechanic did the work and furnished materials without the direction of the defendant, and that defendant afterwards paid…
Also in this document: Concurrence.
2Cases cited2 opinions
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Fowler v. New York Gold Exchange BankNew York Court of Appeals · 1876
3Cited by2 opinions
- Reese v. ResburghAppellate Division of the Supreme Court of the State of New York · 1900
- Carroll v. StateNew York Court of Claims · 1910