Bernstein v. Standard Ice Cream Co.

Appellate Terms of the Supreme Court of New York

Bernstein v. Standard Ice Cream Co.

134 N.Y.S. 1096

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 9, 1912

StatusPublished

This text of 134 N.Y.S. 1096 (Bernstein v. Standard Ice Cream Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bernstein v. Standard Ice Cream Co., 134 N.Y.S. 1096 (N.Y. Ct. App. 1912).

Pincite

Opinion

SEABURY, J.

This action was brought to recover 60 per cent, of the disbursements made and expenses incurred by the plaintiffs in dissolving a corporation and organizing a new corporation, under an oral contract alleged to have been made by the plaintiffs and one Ginsberg, acting on behalf of the defendant corporation. Assuming that the contract was made, the evidence is insufficient to establish that Ginsberg was authorized to make the contract, or that the defendant corporation ratified the contract alleged.

Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.

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SEABURY, J.

This action was brought to recover 60 per cent, of the disbursements made and expenses incurred by the plaintiffs in dissolving a corporation and organizing a new corporation, under an oral contract alleged to have been made by the plaintiffs and one Ginsberg, acting on behalf of the defendant corporation. Assuming that the contract was made, the evidence is insufficient to establish that Ginsberg was authorized to make the contract, or that the defendant corporation ratified the contract alleged.

Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.

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Bluebook (online)

134 N.Y.S. 1096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernstein-v-standard-ice-cream-co-nyappterm-1912.