Scott v. Middletown, Unionville & Water-Gap Railroad
New York Court of Appeals
' Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made the first Monday of March, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict affirming an order denying a motion for a new trial. This action was brought to recover the purchase-price of a quantity of iron rails, spikes, bolts, etc., alleged to have been sold and delivered by one Culver to the defendant.
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' Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made the first Monday of March, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict affirming an order denying a motion for a new trial. This action was brought to recover the purchase-price of a quantity of iron rails, spikes, bolts, etc., alleged to have been sold and delivered by one Culver to the defendant. It appeared that the materials in question were delivered to the defendant in pursuance of a contract made by Culver with the then…
1Opinion of the CourtFinch, J.
That the president of the defendant corporation had no authority derived from his official position to incur the liability sought to be enforced, and that no express and formal action by the board of directors conferring such authority was shown, was conceded in the charge of the court to the jury, and in the approval of that charge by the General Term. By both tribunals the plaintiff’s right of recovery was put upon the ground that the iron bought by the president was used in an extension of the company’s track, without protest or dissent from the board of directors, who acquiesced in, and…
2Cases cited1 opinion
- Wild v. . New York and Austin Silver Mining CompanyNew York Court of Appeals · 1874
3Cited by15 opinions
- Kickland v. Menasha Wooden Ware Co.Wisconsin Supreme Court · 1887
- Scott v. Dennett Surpassing Coffee Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Scott v. Trustees of the First Free Methodist ChurchMichigan Supreme Court · 1883
- Russell v. Waterloo Threshing Machine Co.North Dakota Supreme Court · 1908
- Dickinson v. Citizens Ice & Fuel Co.Supreme Court of Minnesota · 1918
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