Brooks v. Mortimer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Richard Mortimer, from a judgment of the Supreme Court in favor of the plaintiff, entered in the offlcé of the clerk of the county of Orange on the 8th day of January, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Orange, and also from an order bearing date the 28th day of March, 1896, and entered in said clerk’s office denying the defendant’s motion for a new trial made…
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Appeal by the defendant, Richard Mortimer, from a judgment of the Supreme Court in favor of the plaintiff, entered in the offlcé of the clerk of the county of Orange on the 8th day of January, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Orange, and also from an order bearing date the 28th day of March, 1896, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The defendant was the occupant of a house at Tuxedo Park, in the county of Orange, where he resided with his family and servants. He entered into a contract with one Mathieu to furnish and cook the food necessary for the supply of the family and servants, agreeing to pay therefor $175 a week. The plaintiff was a dealer in vegetables, poultry, eggs, etc. He applied to Mathieu to sell supplies for the establishment, and Mathieu bought. The plaintiff knew nothing of the arrangement between defendant and Mathieu, and made no inquiries of defendant respecting Mathieu’s relations to…
2Cases cited4 opinions
- Bronson's v. ChappellSupreme Court of the United States · 1871
- Jaques v. ToddNew York Supreme Court · 1829
- Komorowski v. KrumdickWisconsin Supreme Court · 1882
- Laing v. . ButlerNew York Court of Appeals · 1888
3Cited by5 opinions
- Industrial Manufacturers, Inc. v. Bangor Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1953
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- Saugerties & N. Y. Steamboat Co. v. MillerAppellate Division of the Supreme Court of the State of New York · 1902
- Thornall v. CrawfordNew York Supreme Court · 1901
- Flinn v. MillerAppellate Terms of the Supreme Court of New York · 1901