Conabeer v. Bruenn
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by John S. Conabeer against Adolph Bruenn. From a judgment dismissing the complaint on the merits, plaintiff appeals.
1Opinion of the CourtBijur, J.
This action was brought for $25, value of four tons of coal delivered on November 3, 1908, and used in premises under lease to defendant, namely, two “hot-water flats.” Plaintiff’s testimony is that this coal was ordered by the janitor in the usual way, and that defendant had paid for coal previously ordered in the same way for more than a year. Plaintiff also testified to conversations had with defendant, in which the latter apparently fully confirmed the janitor’s authority in the premises.
Defendant, who took the stand on his own behalf, merely denied having one of these conversations with…
2Cases cited1 opinion
- Clark v. ScovillAppellate Division of the Supreme Court of the State of New York · 1909