Connell v. Ernst-Marx-Nathan Co.
City of New York Municipal Court
'Appeal from a judgment entered upon a verdict in favor of the plaintiffs, and from an order denying a motion for a new trial. Action for work, labor and services alleged to have been done and rendered for the defendant upon employment by its treasurer.
1Per curiam
The plaintiffs failed to prove any authority in Carl Ernst, the treasurer of the defendant company, to bind or obligate it by his contract; and, as there was a failure to establish the cause of action alleged, the court below shquld have dismissed the complaint. The case of Parmelee v. Associated Physicians & Surgeons, 9 Misc. Rep. 458, is an authority directly in point. In that case, the plaintiff sued upon a contract of employment, which he said he made with the treasurer of the defendant corporation, purporting to act for the company; and the court there held that where the contract is…
2Cases cited1 opinion
- Parmelee v. Associated Physicians & SurgeonsNew York Court of Common Pleas · 1894