Sage v. Shepard & Morse Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Shepard & Morse Lumber Company, from a judgment of the Supremé Court in favor of the plaintiffs, entered in the office of the cleric of the county of Albany on the 8th day of October, 1895, upon the report of a referee, except so much thereof as dismisses the complaint as to the first cause of action therein set forth. • The complaint alleged in substance, among other things, that the defendant wrongfully obtained possession of a large quantity…
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Appeal by the defendant, the Shepard & Morse Lumber Company, from a judgment of the Supremé Court in favor of the plaintiffs, entered in the office of the cleric of the county of Albany on the 8th day of October, 1895, upon the report of a referee, except so much thereof as dismisses the complaint as to the first cause of action therein set forth. • The complaint alleged in substance, among other things, that the defendant wrongfully obtained possession of a large quantity of lumber belonging to the plaintiffs and- converted the same to its own use; that the plaintiffs waived the defendant’s…
1Opinion of the Court
Landon, J:
The defendant had frequently bought lumber of the plaintiffs, the plaintiffs acting in making the sales by Abbott, their clerk and salesman. Abbott, we assume from the evidence, had full power from the plaintiffs to make as their agent, and in their name, sales of their lumber to the defendant. If he had sold the lumber here in question to the defendant in the name of the plaintiffs, such sales would have been within the scope of his authority. But he had no authority to sell the lumber for himself, and every act which he did and representation that he made in effecting these sales…
2Cases cited7 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Pease v. . SmithNew York Court of Appeals · 1875
- Hills v. SnellMassachusetts Supreme Judicial Court · 1870
- Bassett v. . SpoffordNew York Court of Appeals · 1871
- Soltau v. . GerdauNew York Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Stanton v. HawleyAppellate Division of the Supreme Court of the State of New York · 1920
- Manhattan Egg Co. v. Seaboard Terminal & Refrigeration Co.City of New York Municipal Court · 1929
- Pittsburg & Midway Coal Co. v. Laning Harris Coal Co.Missouri Court of Appeals · 1916
- Vanleigh Carpet Corp. v. Gene Schoor's Iron ForgeCivil Court of the City of New York · 1971