Mollineaux v. Clapp
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Susie J. Clapp, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Nassau on the 30th day of September, 1903, upon the verdict of a jury.
1Opinion of the Court
Jenks, J.:
The action is for goods sold and delivered to the defendant, consisting of oats, grain, hay, etc. Even though it was submitted to the jury on the theory that defendant was the undisclosed principal of her husband, this was not inharmonious with the evidence. There was neither demur nor objection by either party. I think that there is no reason to disturb the verdict on this ground. (Bennett v. Judson, 21 N. Y. 238.) As the appeal is from the judgment only, we should confine our review to the exceptions. (Third Avenue R. R. Co. v. Ebling, 100 N. Y. 98, 101; Setevens v. Schroeder, *54440…
2Cases cited11 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Holmes v. . MoffatNew York Court of Appeals · 1890
- Third Avenue R.R. Co. v. . EblingNew York Court of Appeals · 1885
- Foster v. . PerschNew York Court of Appeals · 1877
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3Cited by2 opinions
- Malcomson v. Monaton Realty, Investing Corp.Appellate Division of the Supreme Court of the State of New York · 1913
- Prager v. SchafussAppellate Terms of the Supreme Court of New York · 1906