Appleton v. Welch
Appellate Terms of the Supreme Court of New York
Appeal, by defendant from a judgment of the justice of the Ninth District Court in favor of the plaintiff for $35 damages) besides costs. The action was to recover the value of an overcoat intrusted to the care of a waiter in a restaurant by a guest. The restaurant was part of the property and business of the Harlem Casino Company, of which the defendant was temporary receiver under an appointment by the Supreme Court.
1Opinion of the CourtDaly, P. J.
The principal question discussed on this appeal is'the right of the plaintiff to maintain an action against the defendant as temporary receiver of the Harlem Casino Company; it being contended that there is no proof that the receiver was authorized by the court to manage the business of the company, or; to carry on its restaurant where the loss of the plaintiff’s overcoat occurred.
*344It appears that this question was not raised in the trial court. H it had been; the objection might have been obviated by proof of the necessary authority in the receiver to conduct the business-. The only ground…
2Cases cited3 opinions
- Bunnell v. . SternNew York Court of Appeals · 1890
- Meyer v. LexowAppellate Division of the Supreme Court of the State of New York · 1896
- Sayles v. JourdanNew York Supreme Court · 1888
3Cited by3 opinions
- Montgomery v. LadjingAppellate Terms of the Supreme Court of New York · 1899
- Vogelsang v. FredkynAppellate Court of Illinois · 1907
- Robin v. ColaizziAppellate Terms of the Supreme Court of New York · 1917