Gaston & Co. v. All Russian Zemsky Union
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtFinch, J.
The main question involved in this appeal is one of fact, namely, whether the authority in an agent to employ attorneys to represent the defendant has been revoked. The plaintiff is seeking to prove a repudiation of said authority so that it may thus dispose of the notice of appearance and answer served on behalf of the defendant, thereby eliminating what purports to be a meritorious defense, and enter a judgment as upon a default. The plaintiff has succeeded at the Special Term and the defendant appeals.
The facts necessary to show the reason for the decision are, briefly, as follows: The…
2Cases cited2 opinions
- Agency of Canadian Car & Foundry Co. v. American Can Co.Court of Appeals for the Second Circuit · 1919
- Hollins v. St. Louis & Chicago Railway Co.New York Supreme Court · 1890
3Cited by5 opinions
- Irving Trust Co. v. Climax Rubber Co.Court of Appeals for the Second Circuit · 1933
- O. G. Orr & Co. v. Fireman's Fund InsuranceNew York Supreme Court · 1931
- NRK Management Corp. v. DonahueCivil Court of the City of New York · 1981
- Weinstock v. LongNew York Supreme Court · 1961
- Ostend Realty Corp. v. LehmanCity of New York Municipal Court · 1953