Rogers v. Wendell
New York Supreme Court
1Opinion of the CourtHardin, P. J.
Whether the contract upon which plaintiff’s claim rests was made with the receiver as such, or with him individually, was an open question, to be determined at the trial by a consideration of the letter signed by the receiver, and the knowledge of the plaintiff of the appointment of such receiver, and the other surrounding circumstances known and understood by the plaintiff at the time he entered into the employment. It was competent to give paroi evidence upon the question. Schmittler v. Simon, 114 N. Y. 176, 187, 21 N. E. Rep. 162; Hood v. Hallenbeck, 7 Hun, 362. By the evidence it is made…
2Cases cited6 opinions
- Cowdrey v. Galveston, Houston, & Henderson RailroadSupreme Court of the United States · 1877
- Raubitschek v. . BlankNew York Court of Appeals · 1880
- De Witt v. . WaltonNew York Court of Appeals · 1854
- Schmittler v. . SimonNew York Court of Appeals · 1889
- Rogers v. WendellNew York Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rogers v. WendellNew York Supreme Court · 1889
- Wolf v. LoveringCourt of Appeals for the Second Circuit · 1908
- American Surety Co. v. McDermottNew York Court of Common Pleas · 1894
- Weller v. StengelAppellate Division of the Supreme Court of the State of New York · 1909