Sizer v. Hampton & Branchville Railroad & Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hampton and Branchville Railroad and Lumber Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of September, 1901, denying the defendant’s motion to vacate an attach on the papers upon which it was granted.
1Opinion of the Court
Ingraham, J.:
The attachment was granted upon a complaint verified in the ■usual form and upon an affidavit of the plaintiff. The action is to recover the damages sustained by the failure to perform a contract for the sale of certain lumber, the contract being made by the firm of Campbell & Scherer. The complaint alleges that the plaintiff is informed and believes that Campbell & Scherer acted as commission agents for the defendant company and not in their own behalf; that said agency was a secret agency and unknown to this plaintiff and was first known to him in the year 1898 after the…
2Cases cited1 opinion
- Hunt v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1900