Thompson v. . Erie R.R. Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 10,1911, affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff in an action on an assigned claim for wages. The facts, so far as material, are stated in the opinion. The plaintiff cannot recover because she has failed to show that the assignment of Doherty’s wages was authorized by the power of attorney.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 10,1911, affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff in an action on an assigned claim for wages. The facts, so far as material, are stated in the opinion. The plaintiff cannot recover because she has failed to show that the assignment of Doherty’s wages was authorized by the power of attorney. (Forges v. U. S. M. & T. Co., 203 N. Y. 181; Geiger v. Bolles, 1 T. & C. 129.) Plaintiff cannot recover because…
1Opinion of the CourtChase, J.
On February 26, 1910, one Dougherty, an employee of the defendant, made application to a loan broker in the city of New York for a loan of $37.00 and offered as security an assignment of his prospective wages. Inquiry was made of him as to his residence, employment, salary and place of business. Later he was notified that he could obtain the loan and he was told to call again upon the loan broker. He did so and upon suggestion assented to including in the proposed note eight dollars interest for the loan of the money for one month. Upon request he signed a printed blank form for a power of…
2Cases cited2 opinions
- Mutual Loan Co. v. MartellSupreme Court of the United States · 1911
- Mutual Loan Co. v. MartellMassachusetts Supreme Judicial Court · 1909
3Cited by11 opinions
- Fay v. Bankers Surety Co.Supreme Court of Minnesota · 1914
- Morris v. . HolshouserSupreme Court of North Carolina · 1941
- Morris v. HolshouserSupreme Court of North Carolina · 1941
- Wight v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1924
- In Re Itemlab, Inc.District Court, E.D. New York · 1961
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