Clarry Lumber Co. v. O'Brien
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the plaintiff, after a trial in the Municipal Court of the city of New York, borough of Queens, first district. The action was for goods sold and delivered, consisting of lumber to the agreed value of $211.87.
1Opinion of the CourtKelby, J.
This appears to have been the second trial of the action between the parties, and the first trial also resulted in a judgment against the defendant. The main contention on this appeal and on the former trial is that the defendant acted as agent only for a corporation known as the Academy-Astoria Corporation. It appears to be conceded that this corporation was erecting some houses in the borough of Queens, and that O’Brien, the defendant, was their superintendent of construction. After the first trial the defendant and the plaintiff’s attorney, it appears, had a conversation concerning the…
2Cases cited7 opinions
- Cobb v. . KnappNew York Court of Appeals · 1877
- Tuthill v. . WilsonNew York Court of Appeals · 1882
- Georgi v. . Texas Co.New York Court of Appeals · 1919
- First Nat. Bank v. WallisNew York Supreme Court · 1895
- McLean v. SextonAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by1 opinion
- Joseph Melnick Building & Loan Ass'n v. MelnickSupreme Court of Pennsylvania · 1949