Stanton v. Hawley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bert Hawley, from a judgment of the County Court of Madison county in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 25th day of April, 1919, upon the decision of the court rendered after a trial without a jury.
1Opinion of the Court
Cochrane, J. :
The facts in this case may be tersely stated. One Franklin was the general agent to buy and sell cows for the defendant. That fact was known to the plaintiff. Franklin had 'in his possession a cow belonging to the defendant. Franklin claimed to be the owner of such cow by purchase from the defendant and as such owner sold and delivered her to the plaintiff for one hundred and twenty-five dollars'. Plaintiff although aware of the agency did not rely thereon but relied on the ownership of Franklin and gave him in payment for the cow thirty dollars and a receipt for a debt of…
2Cases cited4 opinions
- Smith v. . ClewsNew York Court of Appeals · 1889
- Manhattan Life Insurance v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1893
- Marine Bank v. . FiskeNew York Court of Appeals · 1877
- Sage v. Shepard & Morse Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Greene v. HellmanNew York Court of Appeals · 1980
- Maxherman Co. v. AlperAppellate Division of the Supreme Court of the State of New York · 1924
- Eadie v. Arc Wood Development, Inc., New York County Courts1959
- Tucker v. EvanczikAppellate Division of the Supreme Court of the State of New York · 1980