Pfaltz & Bauer, Inc. v. Wiener
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert O. Wiener, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of December, 1917, denying his motion to vacate or reduce a warrant of attachment herein.
1Opinion of the Court
Shearn, J.:
The plaintiff’s claim arises out of an alleged sale to it of Spanish licorice root by the defendant, a resident of London. The transaction was conducted entirely with one Warschauer, and the validity of the attachment sought to be vacated depends upon proof of Warschauer’s agency. There is no competent proof whatever that Warschauer was an agent of the defendant in the transaction. He pretended to be an agent and the situation was such as to lead the plaintiff to believe that he was defendant’s agent, but neither Warschauer’s declarations nor the plaintiff’s belief constitute proof…
2Cases cited1 opinion
- Makepeace v. Dilltown Smokeless Coal Co.Appellate Division of the Supreme Court of the State of New York · 1917
3Cited by2 opinions
- Cocoline Chocolate Co. v. Hillside Enterprises, Inc.New York Supreme Court · 1965
- Aerotrade, Inc. v. Banque Nationale De La Republique D'HaitiDistrict Court, S.D. New York · 1974