Herschenhart v. Mehlman

Judgment unanimously reversed upon the law and a new trial ordered, with thirty dollars costs to the appellant to abide the event.

When the plaintiff left his automobile in the garage then owned by Gottlieb & Silver, with a person unidentified, the presumption is that that person was the agent of Gottlieb & Silver and was authorized to accept such car for storage. (Nebenzahl v. Fargo, 15 Daly, 130; 4 N. Y. Supp. 554; Dunn v. Star Fire Ins. Co., 19 Wkly. Dig. 531; Norris v. Kohler, 41 N. Y. 42; Wood Mast. & Serv. 584.) It appears that plaintiff obtained from that person a receipt which shows…