Greenberg v. Evening Post Asso.
Supreme Court of Connecticut
Action to recover money paid to the defendant which was alleged to have been obtained by its agent while conducting a prize contest in its behalf, brought to the Court of Common Pleas in Hartford County and tried to the jury before Smith, Jverdict and judgment for the plaintiff for $350, and appeal by the defendant.
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Action to recover money paid to the defendant which was alleged to have been obtained by its agent while conducting a prize contest in its behalf, brought to the Court of Common Pleas in Hartford County and tried to the jury before Smith, Jverdict and judgment for the plaintiff for $350, and appeal by the defendant. There was evidence at the trial from which the jury might reasonably have found the following facts, among others: The defendant was engaged in publishing a daily newspaper commonly known as The Hartford Post, and to increase its circulation employed one Fitch, a nonresident, to…
1Opinion of the CourtBeach, J.
This action was brought to recover back money paid to Fitch as the agent of the defendant, and defendant appeals from a refusal to set aside a plaintiff’s verdict, and for alleged errors in the charge. The material questions are whether Fitch was the agent of the defendant for the purpose of receiving the money, and, if so, whether the plaintiff has any enforceable cause of action to recover back the money from Fitch.
As to the first question, we think the jury might reasonably have found that the defendant actually received the $300 paid by the plaintiff to Fitch, less Fitch’s commission of…
2Cases cited4 opinions
- Spring Co. v. KnowltonSupreme Court of the United States · 1881
- Wassermann v. SlossCalifornia Supreme Court · 1897
- Tyler v. CarlisleSupreme Judicial Court of Maine · 1887
- Falkenberg v. AllenSupreme Court of Oklahoma · 1907
3Cited by6 opinions
- Titan Real Estate Ventures, LLC v. MJCC Realty LP (In Re Flanagan)District Court, D. Connecticut · 2009
- Greene v. BirkmeyerNew Jersey Superior Court Appellate Division · 1950
- In Re FlanaganUnited States Bankruptcy Court, D. Connecticut · 2007
- Titan Real Estate Ventures, LLC v. M.J.C.C. Realty L.P. (In re Flanagan)United States Bankruptcy Court, D. Connecticut · 2007
- In Re FlanaganUnited States Bankruptcy Court, D. Connecticut · 2006
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