Central Trust & Savings Co. v. Waterbury Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Central Trust and Savings Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of July, 1918, upon the report of a referee appointed to hear and determine, dismissing the complaint.
1Opinion of the Court
Smith, J.:
The plaintiff loaned to the defendant certain moneys, part of which only have been repaid. This loan was made through one Dockendorff without personal negotiation with the defendant, and Dockendorff was paid the full amount of the loan. The sole question here for determination is whether Dockendorff was the agent of the plaintiff to receive those moneys. If so, the plaintiff has been paid in full and the judgment is right.
This determination rests upon many facts somewhat complicated. The defendant was a mercantile corporation. In its business it needed to borrow large amounts of…
2Cases cited2 opinions
- Presser v. Central Trust & Savings Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Presser v. . Central Trust and Savings CompanyNew York Court of Appeals · 1922
3Cited by2 opinions
- Ruffer v. Waterbury Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Ruffer v. Waterbury Co.Appellate Division of the Supreme Court of the State of New York · 1922