David T. Houston Co., Inc. v. Schneider

Supreme Court of New Jersey

David T. Houston Co., Inc. v. Schneider

37 A.2d 36, 131 N.J.L. 480, 1944 N.J. LEXIS 214

DecidedApril 20, 1944

StatusPublished

This text of 37 A.2d 36 (David T. Houston Co., Inc. v. Schneider) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

David T. Houston Co., Inc. v. Schneider, 37 A.2d 36, 131 N.J.L. 480, 1944 N.J. LEXIS 214 (N.J. 1944).

Pincite

Opinion

*481 The opinion of the court was delivered by

Colie, J.

This is an appeal from a judgment for the plaintiff. The sole ground of appeal is the refusal of the trial court to have granted the defendant’s motion for a nonsuit.

The decisive question is whether there was evidence, or a reasonable inference to be drawn therefrom, that one Stanley, in the employ of the defendant owner, had such power of agency or was clothed with the appearance of agency, so as to justify the plaintiff in relying thereon. Our examination of the record discloses no evidence that Stanley was clothed either with specific authority or the appearance thereof.

The judgment under appeal is reversed.

For affirmance — The Chief Justice, Bobine, Perskie, Dear, Hague, Dili, JJ. 6.

For reversal — The Chancellor, Parker, Case, Donges, He her, Porter, Colie, Wells, Rafferty, Thompson, JJ. 10.

Free access — add to your briefcase to read the full text and ask questions with AI