Legal Opinion

Burstein v. Sullivan

Appellate Division of the Supreme Court of the State of New York

Decided November 19, 1909PublishedCited by 22 opinions

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

  1. Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
  2. Sage v. BurtonNew York Supreme Court · 1895
  3. Allen v. Tarrant & Co.Appellate Division of the Supreme Court of the State of New York · 1896
  4. Dowdall v. George Borgfeldt & Co.Appellate Terms of the Supreme Court of New York · 1909

3Cited by22 opinions

  1. Navrides v. Zurich InsuranceCalifornia Supreme Court · 1971
  2. Hutzler v. Hertz Corp.New York Court of Appeals · 1976
  3. McFadden v. FollrathSupreme Court of Minnesota · 1911
  4. Franciscan Hotel Co. v. Albuquerque Hotel Co.New Mexico Supreme Court · 1933
  5. R. Milo Gilbert v. United StatesCourt of Appeals for the Ninth Circuit · 1961

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