Wilson v. Wyandance Springs Improvement Co.
New York Court of Common Pleas
Appeal from eighth district court. Action by William Wilson, Jr., against the Wyandance Springs Improvement Company to recover for goods sold and delivered to defendant at the instance of its agent. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBisohoff, J.
Attentive consideration of the evidence renders it irrefragibly apparent that the only defense was an attempt to shift responsibility for plaintiff’s demand from a solvent to an insolvent corporation. Express authority to Bosenfeld to purchase-merchandise upon defendant’s credit was not indispensable to plaintiff’s right to recover. It was sufficient that there had been a course of dealing between plaintiff and defendant, from which Rosenfeld’s authority could be inferred. Lamb v. Hirschberg, (Com. Pl. N. Y.) 20 N. Y. Supp. 678. Such a course of dealing appeared in evidence from the testimony…
2Cases cited1 opinion
- Lamb v. HirschbergNew York Court of Common Pleas · 1892
3Cited by2 opinions
- Olsen v. EnsignNew York Court of Common Pleas · 1894
- Kidder v. JonesNew York Court of Common Pleas · 1895