Dobson v. Kuhnla
New York Supreme Court
Exceptions from circuit court, Hew York county. Action by John Dobson and another against August Kuhnla for the price of carpets. To an order directing a nonsuit, plaintiffs excepted, and the exceptions were ordered to be heard at general term in the first instance. Exceptions overruled.
1Opinion of the CourtBarrett, J.
We cannot understand why the exceptions in this case were directed to be heard in the first instance at the general term. The plaintiffs-made out no case against the defendant, Kuhnla, and they were properly non-suited. They attempted to hold him as part owner of the apartment houses Nos. 14 and 16 West Sixty-Fifth street, for the price of-certain carpets which were purchased by one Porter, and laid upon the hallways and stairways of these houses. No authority upon the part of Porter to purchase these goods-was proved. Direct proof of authority is not claimed, but the court was asked to infer…
2Cases cited4 opinions
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Howard v. NortonNew York Supreme Court · 1873
- Corning v. Troy Iron & Nail FactoryNew York Supreme Court · 1862
- M'Cready v. FreedlySupreme Court of Pennsylvania · 1832
3Cited by1 opinion
- Pretzfelder v. StrobelAppellate Terms of the Supreme Court of New York · 1896