Foster v. Taylor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, G-. C. Taylor, as president, from a judgment of the1 Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 26th day of April, 1915, upon the verdict of a jury for $243, and also from an order entered in said clerk’s office on the 8th day of May, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Per curiam
The plaintiff was bound by the special contract tendered to and received by her agent. (Mills v. Weir, 82 App. Div. 396; *512Knapp v. Wells, Fargo & Co., 134 id. 712; Noonan v. Wells-Fargo & Co., 68 Misc. Rep. 322.) Her recovery for damages was limited under the circumstances of this case to the sum of fifty dollars. The judgment is modified by reducing the amount of the recovery to the sum of fifty dollars and costs, and as so modified the judgment and order are affirmed, without costs of this appeal.
Carr, Stapleton, Mills and Rich, JJ., concurred; Putnam, J., read for affirmance.
2Cases cited2 opinions
- Mills v. WeirAppellate Division of the Supreme Court of the State of New York · 1903
- Noonan v. Wells-Fargo & Co.New York Supreme Court · 1910
3Cited by1 opinion
- Lewis v. American Railway Express Co.City of New York Municipal Court · 1920