Norman v. Loomis-Manning Filter Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Loomis-Manning Filter Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 6th day of April, 1907, upon the .verdict of a jury, and also from an order, entered in said clerk’s office on the 23d day of April, 1907, denying the • defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Loomis-Manning Filter Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 6th day of April, 1907, upon the .verdict of a jury, and also from an order, entered in said clerk’s office on the 23d day of April, 1907, denying the • defendant’s motion for a new trial made upon the minutes. The action was to recover a balance for three years services as salesman for the defendant. The contract for the three years service was in .writing in the name of the defendant and the…
1Opinion of the Court
Gaynor, J.:
The exception of the defendant to the admission of the written contract of employment' in evidence was not good. Being made by *740the president in the name of the corporation, and one which the. corporation had the power to authorize him to make, or to ratify after he had made it, the presumption was that he had the power to make it, and the burden was on the corporation (the defendant) to show that it had not done so. That sufficed to admit it in evidence (Patterson v. Robinson, 116 N. Y. 193; Davies v. Harvey Steel Co., 6 App. Div. 166; Nat. State Bank v. Vigo Co. Nat. Bank, 50 Am.…
2Cases cited4 opinions
- Patterson v. . RobinsonNew York Court of Appeals · 1889
- Eureka Iron & Steel Works v. BresnahanMichigan Supreme Court · 1886
- Camacho v. Hamilton Bank Note & Engraving Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Davies v. Harvey Steel Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Lyon v. West Side Transfer Co.Appellate Division of the Supreme Court of the State of New York · 1909
- N. A. Berwin & Co. v. Hewitt Realty Co.Appellate Division of the Supreme Court of the State of New York · 1922