Legal Opinion · Dissent

Georgi v. Texas Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 1916Published

Appeal by the defendant, The Texas Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of January, 1916, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 28th day of January, 1916, denying defendant’s motion for a new trial made upon the minutes.

1Dissent

McLaughlin, J. (dissenting):

Action to recover from the appellant, as an undisclosed principal, the purchase price of certain merchandise sold to the American Oil Cloth Company by the plaintiff’s assignor, the. Standard Paint Company. The plaintiff’s assignor elected, prior to bringing this action, to hold the oil cloth company for the purchase price. The facts are not disputed. The paint company, on the 25th of July, 1914, commenced an action against the oil cloth company in New Jersey to recover the purchase price of the merchandise in question. An answer was interposed by the oil cloth…

2Cases cited6 opinions

  1. Tuthill v. . WilsonNew York Court of Appeals · 1882
  2. Kingsley v. DavisMassachusetts Supreme Judicial Court · 1870
  3. Weil v. RaymondMassachusetts Supreme Judicial Court · 1886
  4. McLean v. SextonAppellate Division of the Supreme Court of the State of New York · 1899
  5. Ideal Concrete Machinery Co. v. National Park BankAppellate Division of the Supreme Court of the State of New York · 1913

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