Morris v. Hofferberth
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles W. Morris, from a judgment of •the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Cattaraugus on the 21st day of June, 1902, upon, the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of June, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Charles W. Morris, from a judgment of •the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Cattaraugus on the 21st day of June, 1902, upon, the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of June, 1902, denying the plaintiff’s motion for a new trial made upon the minutes. The action was commenced in October, 1901, to recover for goods, wares and merchandise sold and delivered to the defendant during the months of April and May, 1901, of the alleged value and agreed price of…
1Dissent
Hiscock, J. (dissenting):
At the time of the occurrences involved in this action the plaintiff was proprietor of a lumber yard in the city of Hew York. The immediate practical management thereof was vested in one Gar-wood as his agent. A quantity of lumber was sold to the defendant, and it is claimed by plaintiff that upwards .of $2,400' of the purchase price thereof has never been paid, and it was for- the recovery of such sum that this action was brought.
The question whether plaintiff’s claim is well founded depends upon the effect which is to be -given to the acts of his agent Gar-wood in…
2Cases cited9 opinions
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
- Craighead v. . PetersonNew York Court of Appeals · 1878
- Robinson v. . Chemical National BankNew York Court of Appeals · 1881
- Bradford v. . FoxNew York Court of Appeals · 1868
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