Risley v. Indianapolis, Bloomington & Western Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. (Reported below, 1 Hun, 202; 4 T. & c.; i3.) This action was brought against defendant, a corporation created under the statutes of Illinois and Indiana by the consolidation of two other railroad corporations, one of which was The Danville, Urbana, Bloomington and Pekin Railroad Company, and by its charter obligated to pay the debts and obligations of the original corporation, to recover certain…
1Opinion of the CourtRapallo, J.
The findings of the referee, that the Dan-ville, Urbana, Bloomington and Pekin Railroad Company employed the plaintiff to procure contractors to construct its railroad, and agreed to pay him $50,000 for so doing, is not supported by any evidence. There is evidence that Mr. Griggs, the president of the company, made such an agreement, but proof of his authority to bind the company thereby is entirely wanting. I therefore concur in the opinion that the recovery cannot be sustained on the ground of the alleged agreement.
I also agree that the acceptance of the order drawn upon the company by…
2Cited by12 opinions
- Barnes v. . BrownNew York Court of Appeals · 1880
- Skinner v. . SmithNew York Court of Appeals · 1892
- In re Castle Braid Co.District Court, S.D. New York · 1906
- Metropolitan Elevated Railway Co. v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1884
- Hall v. JonesSupreme Court of North Carolina · 1909
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