Socialistic Co-operative Pub. Ass'n v. Hoffmann
New York Court of Common Pleas
Appeal from trial term. Action by the Socialistic Co-operative Publishing Association against Morritz Hoffmann and Ludwig Sutro. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendants appeal.
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Appeal from trial term. Action by the Socialistic Co-operative Publishing Association against Morritz Hoffmann and Ludwig Sutro. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendants appeal. The action is upon a bond executed by the defendant Hoffmann, as principal, and by the defendant Sutro, as surety, to the plaintiff, dated April 10, 1885, and conditioned that Hoffmann shall honestly and in good faith discharge his duties as manager or clerk while in the employ of the plaintiff, and shall faithfully account for all…
1Opinion of the CourtDaly, C. J.
At the time of the execution of the bond in suit, Hoffmann was employed as manager and clerk of plaintiff, which was engaged in publishing a newspaper. Outside of his position and duties,, he was allowed to solicit advertisements for the paper, and to draw a commission of 25 per cent, thereon. Goods were accepted from the advertisers by the company in part payments for advertisements. Hoffmann got goods from the advertisers for himself, and they were charged to him on the books of the company, by bis direction given to the cashier. In September, 1890, the books showed an indebtedness from him…
2Cases cited2 opinions
- Board of Supervisors of Monroe Co. v. . ClarkNew York Court of Appeals · 1883
- Mayor, Etc., of City of N.Y. v. . KellyNew York Court of Appeals · 1885
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