Meyer v. Lexow
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Clarence Lexow, as receiver of the F. J. Kaldenberg Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of December, 1894, upon the verdict of a jury rendered after a trial at the New York Circuit, and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Barrett, J.:
Upon the 7th of April, 1893, the defendant was appointed temporary receiver of the property of the F. J. Kaldenberg Company. He was not directed by the court to sell the property, and his authority was limited to that conferred by sections 1788 and 1789 of the Code of Civil Procedure. The plaintiff claims that he was employed by the defendant as a truckman, and that the defendant, though an agent, agreed to pay him twenty-eight dollars per week. He also claims a small sum upon a quantum meruit.
The defendant was not authorized as receiver to make the contract sued upon, and the…
2Cases cited2 opinions
- New v. . NicollNew York Court of Appeals · 1878
- Vilas v. . PageNew York Court of Appeals · 1887
3Cited by5 opinions
- Knickerbocker Ice Co. v. BensonCity of New York Municipal Court · 1935
- Peoria Steam Marble Works v. HickeySupreme Court of Iowa · 1900
- Appleton v. WelchAppellate Terms of the Supreme Court of New York · 1897
- State Ex Rel. Fayette Wholesale Gro. Co. v. MorsWest Virginia Supreme Court · 1932
- Nason Manufacturing Co. v. GardenAppellate Division of the Supreme Court of the State of New York · 1900