Argus Co. v. Hotchkiss
Appellate Division of the Supreme Court of the State of New York
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
- Bonynge v. . FieldNew York Court of Appeals · 1880
- Livingston Middleditch Co. v. New York College of DentistryAppellate Terms of the Supreme Court of New York · 1900
3Cited by7 opinions
- In re the Estate of MayNew York Court of Appeals · 1970
- Batavia Times Publishing Co. v. HallNew York Supreme Court · 1927
- Rayvid v. BurghNassau County District Court · 1962
- Van Valkenburgh v. Van DorenAppellate Terms of the Supreme Court of New York · 1914
- Zengerle v. WeissAppellate Terms of the Supreme Court of New York · 1965
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