Burstein v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William F. Sullivan, from a judgment of the Municipal Court of the city of New York in favor of the plaintiffs, rendered on the 4th day of June, 1909.
1Opinion of the Court
Miller, J.:
This suit is brought to recover for repairing an automobile. The defense is payment. The plaintiffs, copartners, did business under the name “ Peerless Garage.” It is conceded that the business was conducted' by one “ Max Melle ” as general manager. The plaintiffs’ names did not appear on their billheads or stationery, but the manager’s name was stamped thereon over the word “ Manager.” He had authority to render bills and receive payments. The plaintiffs furnished him a rubber stamp with the words “ Peerless Garage, By....... Mgr.,” which he was authorized to use in signing…
2Cases cited4 opinions
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
- Sage v. BurtonNew York Supreme Court · 1895
- Allen v. Tarrant & Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Dowdall v. George Borgfeldt & Co.Appellate Terms of the Supreme Court of New York · 1909
3Cited by22 opinions
- Navrides v. Zurich InsuranceCalifornia Supreme Court · 1971
- Hutzler v. Hertz Corp.New York Court of Appeals · 1976
- McFadden v. FollrathSupreme Court of Minnesota · 1911
- Franciscan Hotel Co. v. Albuquerque Hotel Co.New Mexico Supreme Court · 1933
- R. Milo Gilbert v. United StatesCourt of Appeals for the Ninth Circuit · 1961
17 more not listed; retrieve them via the Exa API.