Wilson v. Wyandance Springs Improvement Co.
New York Court of Common Pleas
Appeal from a judgment for plaintiff rendered by a District Court in the city of New York. Action to recover the agreed price for merchandise sold and delivered to defendant at the instance of its agent.
1Opinion of the CourtBischoee, J.
Attentive consideration of the evidence renders it irrefragably apparent that the only defense was an attempt to shift responsibility for plaintiff’s demand from a solvent to an insolvent corporation. Express authority to Bosenfeld to purchase merchandise upon defendant’s credit was not indispensable to plaintiff’s right to recover. It was sufficient that there had been a course of dealing between plaintiff and defendant, from which Eosenfeld’s authority could be inferred. Lamb v. Hirschberg, 1 Misc. Rep. 108. Such a course of dealing appeared in evidence from the *606testimony of plaintiff’s…
Also in this document: Concurrence.
2Cases cited1 opinion
- Lamb v. HirschbergNew York Court of Common Pleas · 1892
3Cited by2 opinions
- Olsen v. EnsignNew York Court of Common Pleas · 1894
- Kidder v. JonesNew York Court of Common Pleas · 1895