Audley v. Townsend
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William H. Townsend, Jr., and others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 27th day of November, 1908/ permitting the plaintiff to serve an amended complaint.
1Opinion of the Court
Hirschberg, P. J.:
This action is brought by the assignee of a sheriff in the State of Wisconsin for the breach of an indemnity given to the sheriff orally in that State by ah attorney representing the defendants as non-resident creditors. The action was tried on December 17,1905, and resulted in a judgment in favor of the plaintiff. The complaint failed to allege that under the Wisconsin law the attorney had authority to indemnify the sheriff for non-resident clients. After verdict and motion for a new trial, the learned trial justice, on his own. motion, directed, an amendment of the…
2Cases cited4 opinions
- Audley v. TownsendAppellate Division of the Supreme Court of the State of New York · 1908
- McEntyre v. TuckerAppellate Division of the Supreme Court of the State of New York · 1899
- Meeks v. MeeksAppellate Division of the Supreme Court of the State of New York · 1903
- Town of Palatine v. Canajoharie Water Supply Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Purcell v. Hoffman HouseAppellate Division of the Supreme Court of the State of New York · 1909
- Cody v. DickinsonAppellate Division of the Supreme Court of the State of New York · 1913
- Pifath v. National City BankAppellate Division of the Supreme Court of the State of New York · 1940