Argersinger v. . MacNaughton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 4, 1886, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee against the defendant. The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 4, 1886, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee against the defendant. The nature of the action and the facts are sufficiently stated in the opinion. An agent is not liable for acts done as such on behalf of the principal when thp party dealing with him knows that he is treating with him as an agent and not as principal, provided that it does not appear that the agent exceeded his authority. (Buck v. Amidon, 4 Daly, 126;…
1Opinion of the CourtBradley, J.
This action was brought to recover damages alleged to have been sustained by breach of warranty in the sale by the defendant to the plaintiffs of a quantity of antelope skins, and the plaintiff recovered. The defendant was a com mission merchant in the city of New York. The sale in question was in the line of his business, and made by him as such merchant. The referee found that the warranty was made by the defendant that they were a sound, choice lot of Indian, handled skins, free from damage by worm-cut; and that there was a breach of such warranty. The evidence on the part of the…
2Cases cited4 opinions
- Cobb v. . KnappNew York Court of Appeals · 1877
- Hall v. . LauderdaleNew York Court of Appeals · 1871
- Porter v. . SmithNew York Court of Appeals · 1887
- Easton v. . ClarkNew York Court of Appeals · 1866
3Cited by42 opinions
- Wen Kroy Realty Co. v. Public National Bank & Trust Co.New York Court of Appeals · 1932
- Aramony v. United Way Replacement Benefit PlanCourt of Appeals for the Second Circuit · 1999
- Ell Dee Clothing Co. v. MarshNew York Court of Appeals · 1928
- H. Masuda v. Kawasaki Dockyard Company, Ltd.Court of Appeals for the Second Circuit · 1964
- Unger v. Travel Arrangements, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
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