Rosenthal v. Bell Realty Co.
New York Supreme Court
Appeal by the plaintiff from an order of the Municipal Court of the city of Hew York, seventh district, borough of Manhattan, granting a new trial on the ground of newly discovered evidence.
1Opinion of the CourtHendrick, J.
The action was for work, labor and services and material furnished. It was claimed by the defendant on the trial that the work was ordered through one Max Cohen, and that the defendant had paid said Max Cohen in full therefor, and in substance that there were no contractural relations known to defendant between the plaintiff and defendant. The plaintiff, on the other hand, claimed that Max Cohen was the plaintiff’s agent simply, and that he had no authority to receive payment for the work, labor and services and materials rendered. Max Cohen was not a witness on the trial, and the affidavits…
2Cases cited3 opinions
- Russell v. . RandallNew York Court of Appeals · 1890
- Bantheon v. MeierNew York Supreme Court · 1894
- McIver v. HallenAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Frohlich v. ZeltzerAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Judicial Settlement of Accounts of RoseAppellate Division of the Supreme Court of the State of New York · 1912
- New Amsterdam Casualty Co. v. BeardsleyCity of New York Municipal Court · 1924
- Mosapp v. ReddyCity of New York Municipal Court · 1922