Woods v. Francklyn
New York Court of Common Pleas
Appeal from city court, general term. Action by John H. Woods against Charles G. Francklyn to recover for work, labor, and services performed by request of defendant’s alleged agent. From a judgment of the general term of the city court affirming judgment entered on a verdict directed for plaintiff, (14 2ST. Y. Supp. 364,) defendant appeals.
1Opinion of the CourtBischoff, J.
The decisive question in this case is whether plaintiff has established, by competent evidence, authority on the part of Stillman to bind defendant as his principal. In considering this question, evidence of Still-man’s declarations tending to show his authority to act for defendant should be eliminated, because it is admissible for no such purpose, but only for the *378purpose of showing credit was intended to be given to the defendant. Stringham v. Insurance Co., 4 Abb. Dec. 315; Marvin v. Wilber, 52 N. Y. 270; People’s Bank v. St. Anthony’s R. C. Church, 109 N. Y. 512, 17 N. E. Rep. 408.…
2Cases cited6 opinions
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Marvin v. . WilberNew York Court of Appeals · 1873
- Wood v. . the Auburn and Rochester R.R. Co.New York Court of Appeals · 1853
- Hammond v. . VarianNew York Court of Appeals · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sier v. BacheNew York Court of Common Pleas · 1894
- Alton Manufacturing Co. v. Garrett Biblical InstituteAppellate Court of Illinois · 1909
- Smith Premier Typewriter Co. v. National Hartel Light Co.Appellate Terms of the Supreme Court of New York · 1911
- Ward v. J. Samuels & Bro.Supreme Court of Rhode Island · 1915