Legal Opinion

Verona Central Cheese Co. v. . Murtaugh

New York Court of Appeals

Decided November 19, 1872PublishedCited by 40 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order denying a motion for a new trial, and ordering judgment of dismissal of complaint and nonsuit. (Reported below, 4 Lans., 17.) The action was brought to recover penalties given by chap. 361 of the Laws of 1865 for delivering to plaintiff’s factory diluted and skimmed milk. Defendant lived upon, managed and controlled his farm and the work thereon.

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order denying a motion for a new trial, and ordering judgment of dismissal of complaint and nonsuit. (Reported below, 4 Lans., 17.) The action was brought to recover penalties given by chap. 361 of the Laws of 1865 for delivering to plaintiff’s factory diluted and skimmed milk. Defendant lived upon, managed and controlled his farm and the work thereon. His wife, son and daughter milked the cows, prepared the milk for the factory, and delivered it. They delivered watered and skimmed…

1Opinion of the CourtAllen, J.

A principal is confessedly liable for the acts of his agent, within the scope of his general authority < A master is responsible for the fraudulent misrepresentation or deceit, as well as for the negligence or other wrongful act of a servant, if committed in the business of his master, and within the scope of the servant’s employment, although, in doing it, he departed from or violated the instructions of the master. (Higgins v. Watervliet T. & R. Co., 46 N. Y., 23; Durst v. Burton, 47 id., 167.) So, too, the principal is chargeable with notice to or knowledge by the agent of matters…

2Cases cited4 opinions

  1. Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
  2. Lee v. . the Village of Sandy HillNew York Court of Appeals · 1869
  3. People v. HulbutNew York Supreme Court · 1847
  4. Strong v. StebbinsNew York Supreme Court · 1825

3Cited by40 opinions

  1. Wood v. . Erie Railway CompanyNew York Court of Appeals · 1878
  2. In re Maureen G.New York City Family Court · 1980
  3. Cameron v. . SeamanNew York Court of Appeals · 1877
  4. People v. . RosenbergNew York Court of Appeals · 1893
  5. Wolfe v. JoubertSupreme Court of Louisiana · 1893

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