Long Island Railroad v. Keystone Iron & Metal Co.

Smith, J.,

This matter grows out of a rule for judgment for want of sufficient affidavit of defence. The defence set up in the affidavit is two-fold: First, the defendant avers that he was acting only as agent for the S. O. Bell Sales Corporation, Woolworth Building, New York City, for the purchase of the wooden boxes involved, and that, therefore, there can be no liability; and the second defence offered is that the demurrage, storage and other expenses are unreasonable and improper charges.

It is horn-book law that in assumpsit, if the defendant discloses that he is only acting as agent for…