Claflin v. . Lenheim
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the first judicial department affirming a judgment in favor of defendant, entered upon a verdict, and denying a motion for a new trial. (Reported below, 5 Hun, 269.) This action was brought to recover for merchandise1 alleged to have been sold by plaintiffs to defendant."
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Appeal from judgment of the General Term of the Supreme Oourt in the first judicial department affirming a judgment in favor of defendant, entered upon a verdict, and denying a motion for a new trial. (Reported below, 5 Hun, 269.) This action was brought to recover for merchandise1 alleged to have been sold by plaintiffs to defendant." The facts pertinent to the questions discussed appear sufficiently in the opinion, The authority of defendant’s agent continued as to plaintiffs until notice of revocation was brought home to them. (Story on Ag., § 470 ; 1 Chit, on Con. [11th. ed.], 279; Hayard…
1Opinion of the CourtPapaleo, J.
The plaintiffs seek to recover in this action the price of certain merchandise which they allege that they sold and delivered to the defendant, through his brother H. S. Lenheim, as his agent.
To establish the agency, they proved that this brother of the defendant had, for several years prior to July, 1867, conducted the business of a store at Meadville, Pennsylvania, in the name of the defendant, and had been in the habit of purchasing goods for that store from the plaintiffs. These purchases were all made in the name and on the credit of the defendant, and the bills thereof were rendered to…
2Cases cited2 opinions
- Birdsall v. . RussellNew York Court of Appeals · 1864
- American Linen Thread Company v. . WortendykeNew York Court of Appeals · 1862
3Cited by27 opinions
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
- Burch v. Americus Grocery Co.Supreme Court of Georgia · 1906
- Union Bank & Trust Co. v. Long Pole Lumber Co.West Virginia Supreme Court · 1912
- Parlato v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 2002
- Land Oberoesterreich v. GudeCourt of Appeals for the Second Circuit · 1940
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