American Preservers Co. v. Columbia Inv. Co.
Superior Court of Buffalo
Appeal from trial term. Action by the American Preservers Company against the Columbia Investment Company. From a judgment entered on a verdict directed by the court in favor of plaintiff, and from an order denying a motion for a new trial (28 N. Y. Supp. 782), defendant appeals.
1Opinion of the CourtWhite, J.
The plaintiff! is a foreign corporation engaged in the business of manufacturing and selling fruit preserves and jellies in different states. Its business in this state was conducted by Charles F. Tomes, who had his office in this city. Tomes was a general agent of the plaintiff in conducting its business. The plaintiff kept an account with the Manufacturers’ & Traders’ Bank, and Tomes was authorized to draw checks in plaintiff’s name for use in its business only. On November 7, 1892, Tomes was indebted to the plaintiff in the sum of $2,800 on account of moneys belonging to the plaintiff,…
2Cases cited1 opinion
- Gerard v. McCormickNew York Court of Common Pleas · 1890