Foster v. . Persch
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of Hew York, reversing a judgment in favor of plaintiffs entered upon the report of a referee. This action was for goods sold.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of Hew York, reversing a judgment in favor of plaintiffs entered upon the report of a referee. This action was for goods sold. The referee found, in substance, that at the time of the alleged sales defendant, a married woman, was carrying on the business of baking in the city of Hew York; that her husband, Frederick W. Persch, as her agent, bought of plaintiffs the goods in question, consisting of flour and groceries, informing plaintiffs at the time that he was buying as agent for defendant; that…
1Opinion of the CourtRapallo, J.
The referee found in favor of the plaintiffs, and the judgment entered on his report was reversed at General Term. The order of the General Term does not state that the reversal was upon questions of fact, and it must therefore be deemed to have been upon questions of law only. Consequently, unless some error of law appears in the case, the order of the General Term cannot be sustained.
The referee found as facts that the goods in question, consisting of flour and groceries, were purchased of the plaintiffs by F. W. Persch, as agent of the defendant. That she conducted the business of baking,…
2Cases cited1 opinion
- Mundy v. Nassau County Civil Service CommissionNew York Court of Appeals · 1978
3Cited by19 opinions
- Atlas S. S. Co. v. Colombian Land Co.Court of Appeals for the Second Circuit · 1900
- Third National Bank v. GuentherNew York Court of Appeals · 1890
- Larson v. JensenMichigan Supreme Court · 1884
- Kesler and Dodson v. CheadleSupreme Court of Oklahoma · 1903
- Mayers v. KaiserWisconsin Supreme Court · 1893
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