Legal Opinion

Henry Hess & Co. v. Baar

New York Court of Common Pleas

Decided November 4, 1895PublishedCited by 3 opinions

Appeal from city court, general term. Action by Henry Hess & Co., a corporation, against Frederick Baar and another to recover the agreed purchase price of merchandise. From a judgment of the general term of the city court (32 N. Y. Supp. 918) affirming a judgment for plaintiff rendered at trial term on a verdict, defendants appeal. Affirmed.

1Opinion of the CourtBischoff, J.

The record discloses that the merchandise, consisting of cigars, for the recovery of the price of which this action was brought, was purchased by one Nugent, who, in that regard, represented himself to the plaintiff to be, and assumed to act as, the agent of the defendants, but who, in fact, had no such authority. A ratification by the defendants of Nugent’s act, however, appeared from the testimony of one Deutsch, the plaintiff’s agent, such testimony being to the effect that, subsequent to the sale and the delivery of the merchandise to Nugent, one of the defendants, —Wehnke,—with knowledge…

2Cases cited3 opinions

  1. Myers v. CohnNew York Court of Common Pleas · 1893
  2. Schwinger v. . RaymondNew York Court of Appeals · 1887
  3. Paige v. ChedseyNew York Court of Common Pleas · 1893

3Cited by3 opinions

  1. Consumers Subscription Center, Inc. v. Web Letter Co.District Court, E.D. New York · 1985
  2. Franken v. McAlpinCity of New York Municipal Court · 1899
  3. Franken v. McAlpinCity of New York Municipal Court · 1899

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