Frank V. Strauss & Co. v. Welsbach Gas Lamp Co.
New York Supreme Court
Appeal by the plaintiff from a judgment in its favor, rendered by the City Court of the city of blew York upon a verdict. Action upon an advertising contract, in terms for the theatrical season, the defendant conceding its liability for four weeks, less the sum paid on account, and defending ■against any further recovery because of the misrepresentation of the plaintiff’s agent, who solicited the contract, respecting its term.
1Opinion of the CourtBiscuxmr, J.
The appeal purports to be from the judgment only, and the record contains no order denying the plaintiffs motion for a new trial. Thus we are precluded from at all inquiring into the weight of the evidence. Code Civ. Pro., §§ 1344, 1346, 1347; Boos v. World Mut. L. Ins. Co., 64 N. Y. 236, 242.
The evidence was conclusive that the person who solicited the contract sued upon was employed by the plaintiff for such purpose. Such was the plaintiff’s attitude upon the trial, and consistently therewith the fact was assumed by the trial justice in his charge to the jury. By no objection or request did…
2Cases cited6 opinions
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Osgood v. . TooleNew York Court of Appeals · 1875
- Thorn v. HelmerNew York Court of Appeals · 1865
- Delano v. RiceAppellate Division of the Supreme Court of the State of New York · 1897
- Trankla v. McLeanAppellate Terms of the Supreme Court of New York · 1896
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3Cited by2 opinions
- Electrical Audit & Rebate Co. v. GreenbergAppellate Terms of the Supreme Court of New York · 1907
- Zinman v. LockwoodBinghamton City Court · 1930