Abraham Arndt & Bros. v. New York Fruit Water Co.
City of New York Municipal Court
Action by Abraham Arndt & Bros, against the New York Fruit • Water Company. Judgment for plaintiff.
1Opinion of the CourtSturges, J.
[1] This action was brought to recover damages for breach of a contract made in the name of the defendant corporation by its secretary, whereby the defendant employed plaintiff as its broker for the period of five years to procure accident insurance upon its teams. The question for determination is whether or not the evidence sufficiently shows' authority in the secretary to bind the corporation by such a contract. Seeking to charge the corporation with liability upon- a contract made apparently in its behalf, the burden is upon the plaintiff to prove the authority of the person assuming to…
2Cases cited12 opinions
- Edwards v. . DooleyNew York Court of Appeals · 1890
- Rathbun v. . SnowNew York Court of Appeals · 1890
- Camacho v. Hamilton Bank Note & Engraving Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Wilson v. Kings County Elevated RailroadNew York Court of Appeals · 1889
- Karsch v. Pottier & Stymus Manufacturing & Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1903
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3Cited by1 opinion
- Walsh v. American Trust Co.California Court of Appeal · 1935