Sayles v. Jourdan
New York Supreme Court
Appeal from circuit court, New York county; Lawrence, Justice. Action by Solomon Sayles against James Jourdan for meats sold and delivered. Defendant is receiver of the Brooklyn, Flatbush & Coney Island Railway Company, but the action was brought against him individually. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
Unless the verdict in this case can be sustained upon the uncontradicted facts, there must be a new trial. The evidence in this case did not justify the submission of the case upon the theory that there was some sort of a partnership between Dodge, the manager of the hotel, and the defendant, and it seems to have been error to submit any such question to the jury. The conceded facts of the case show, however, that the defendant was the receiver of the Brooklyn, Flatbush & Coney Island Railway Company, and the Hotel Brighton was owned by such railway company, and the defendant was in…
2Cases cited1 opinion
- Mygatt v. . WilcoxNew York Court of Appeals · 1871
3Cited by2 opinions
- Knickerbocker Ice Co. v. BensonCity of New York Municipal Court · 1935
- Appleton v. WelchAppellate Terms of the Supreme Court of New York · 1897