Guzzo v. Kosches
This text of 224 A.D. 741 (Guzzo v. Kosches) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Judgment reversed upon the law, with costs, and complaint dismissed, with costs. The only authority of defendant’s employee was to attend with the marshal and identify the goods mentioned in the writ of replevin. The alleged assault and battery committed by him was committed without the scope of his authority. (Muller v. Hillenbrand, 227 N. Y. 448; Zucker v. Lannin Realty Co., Inc., 217 App. Div. 487; Feneran v. Singer Mfg. Co., 20 id. 574; McGrath v. Michaels, 80 id. 458; Weinstein v. Singer Manufacturing Co., 121 id. 708.) Lazansky, P. J., Kapper, Hagarty, Carswell and Scudder, JJ., concur.
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Cite This Page — Counsel Stack
224 A.D. 741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guzzo-v-kosches-nyappdiv-1928.