Legal Opinion

Argus Co. v. Hotchkiss

Appellate Division of the Supreme Court of the State of New York

Decided September 26, 1907PublishedCited by 7 opinions

Appeal by- the defendants,' Henry D. Hotchkiss and another, from a judgment of the Supreme Court in favor of the plain tiff,, entered in the office of the clerk of the county of Albany on the-7th day of February, 1907, upon the verdict of a jury, and also from an .order entered in said clerk’s office on the 16t‘h day of Feb- • ruary, 1907, denying the defendants? motion for a new trial made upon the minutes. i The "action is brought to recover the charges for printing a case…

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Appeal by- the defendants,' Henry D. Hotchkiss and another, from a judgment of the Supreme Court in favor of the plain tiff,, entered in the office of the clerk of the county of Albany on the-7th day of February, 1907, upon the verdict of a jury, and also from an .order entered in said clerk’s office on the 16t‘h day of Feb- • ruary, 1907, denying the defendants? motion for a new trial made upon the minutes. i The "action is brought to recover the charges for printing a case upon appeal in the action of Moisted v. Moisted," The defendant Hotchkiss and William MclVlutrie Speer were both…

1Opinion of the Court

Smith, P. J.:

It was recognized upon the trial of the action and it is undoubted law that an attorney’s negotiation for work to be done in a law suit is the act of an agent for a known principal and for the expense of that service the agent does not become personally responsible. (Bonynge v. Field, 81 N. Y. 159; Judson v. Gray, 11 id. 408, 411; Covell v. Hart, 14 Hun, 252; Livingston Middleditch Co. v. New York College of Dentistry, 31 Misc. Rep. 259; Tyrrel v. Hammerstein, 33 id. 505.) Whether or not" at the time of the making of the contract for the printing of the case defendant Hotchkiss…

2Cases cited2 opinions

  1. Bonynge v. . FieldNew York Court of Appeals · 1880
  2. Livingston Middleditch Co. v. New York College of DentistryAppellate Terms of the Supreme Court of New York · 1900

3Cited by7 opinions

  1. In re the Estate of MayNew York Court of Appeals · 1970
  2. Batavia Times Publishing Co. v. HallNew York Supreme Court · 1927
  3. Rayvid v. BurghNassau County District Court · 1962
  4. Van Valkenburgh v. Van DorenAppellate Terms of the Supreme Court of New York · 1914
  5. Zengerle v. WeissAppellate Terms of the Supreme Court of New York · 1965

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