Smith v. . Clews
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered' upon an order made May 12, 1884, which affirmed a judgment in favor of plaintiffs entered upon a verdict and affirmed an order denying a motion for a new trial. (Reported below, 33 Hun, 501.) The nature of the action and the material facts are stated in the opinion. Authority to one to act for another need not be conferred in words.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered' upon an order made May 12, 1884, which affirmed a judgment in favor of plaintiffs entered upon a verdict and affirmed an order denying a motion for a new trial. (Reported below, 33 Hun, 501.) The nature of the action and the material facts are stated in the opinion. Authority to one to act for another need not be conferred in words. It may be inferred from the course of business and employment, and from the fact that similar transactions of the assumed agent have been acquiesced m, or…
1Opinion of the CourtPeckham, J.
This is an action under the Code to obtain the delivery of .personal property alleged to belong to plaintiffs and to be wrongfully withheld by defendant.
The plaintiffs had a verdict which was affirmed at General Term and the defendant has appealed here. The plaintiffs claimed to be the owners of what they called a pair of diamond ear-knobs, of the value oí $1,400,which came into the possession of defendant, as shown by the evidence,in the following manner
Elijah Miers was a dealer in diamonds in New York. His business was to procure diamonds from the larger dealers and sell them to his…
2Cited by13 opinions
- Smith v. . ClewsNew York Court of Appeals · 1889
- Zendman v. Harry Winston, Inc.New York Court of Appeals · 1953
- Green v. WachsNew York Court of Appeals · 1930
- William Frantz & Co. v. FinkSupreme Court of Louisiana · 1909
- Commercial Credit Co. v. BlairMontana Supreme Court · 1929
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