Remmel v. Townsend
New York Supreme Court
Appeal from Monroe county court. Action by Fred T. Remmel against Martha L. Townsend. From a judgment affirming a judgment of the municipal court of the city of Rochester, in favor of plaintiff, for $47.78, damages and costs, defendant appeals. The plaintiff, a retail dealer in groceries, brought this action to recover an unpaid balance for goods sold and delivered to the defendant’s husband.
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Appeal from Monroe county court. Action by Fred T. Remmel against Martha L. Townsend. From a judgment affirming a judgment of the municipal court of the city of Rochester, in favor of plaintiff, for $47.78, damages and costs, defendant appeals. The plaintiff, a retail dealer in groceries, brought this action to recover an unpaid balance for goods sold and delivered to the defendant’s husband. The goods were charged to the husband, and, not being paid for, an action was brought against him, and prosecuted to judgment in the municipal court of the city of Rochester. Execution was issued upon…
1Opinion of the CourtLewis, J.
It is a well-settled rule of law that if a creditor, after the discovery of the principal, elect to hold the agent who purchased goods without disclosing his agency, he is bound by the election, and cannot pursue the principal. It is the contention of the appellant that the same rule applies if the creditor prosecutes the agent to judgment, in ignorance that he purchased as an agent, upon the theory that, he having once elected to sue the agent, he is estopped from pursuing the principal. It is difficult to see upon what theory a creditor can be said to have made an election in such a case…
2Cases cited1 opinion
- Rochester Distilling Co. v. DevendorfNew York Supreme Court · 1893
3Cited by7 opinions
- Georgi v. . Texas Co.New York Court of Appeals · 1919
- Brown v. ReimanAppellate Division of the Supreme Court of the State of New York · 1900
- Utica City National Bank v. Penwarden, New York County Courts1918
- Sweeney v. Douglas Copper Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Knickerbocker Biscuit Co. v. Devoe, New York County Courts1913
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