Blum v. Munzesheimer
New York Supreme Court
Appeal from circuit court, New York county. Action by Leon Blum, Hyam Blum, and Sylvain Blum, comprising the firm of Leon & H. Blum, against Herman Munzesheimer for goods sold and delivered. From a judgment entered on a verdict in favor of defendant, and from an order denying a motion for a new trial, plaintiffs appeal. Reversed.
1Opinion of the CourtBarrett, J.
The sole question here is whether one Zuckerman was the defendant’s agent in purchasing the goods for the price of which the action was brought. There is no question as to the amount due, nor as to the assignment to the plaintiffs. None was made at the close of the trial, and the learned judge, in his charge, distinctly told the jury that if the agency was made out their verdict should be for the plaintiffs for the specific sum claimed in the complaint; otherwise, for the defendant. Consequently, exceptions taken at stages of the trial when proof of the claim was being put in need not be…
2Cases cited2 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Bullard v. . PearsallNew York Court of Appeals · 1873
3Cited by1 opinion
- Goodfield Realty Co. v. WormserAppellate Terms of the Supreme Court of New York · 1910