Jacobs v. Kenyon

Appellate Terms of the Supreme Court of New York

Jacobs v. Kenyon

151 N.Y.S. 908

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 18, 1915

StatusPublished

Cited by1 cases

This text of 151 N.Y.S. 908 (Jacobs v. Kenyon) 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

Jacobs v. Kenyon, 151 N.Y.S. 908 (N.Y. Ct. App. 1915).

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Opinion

GUT, J.

There was sufficient competent evidence in this case to support a finding that Shaw, defendant’s London representative, had authority to ne-' gotiate with plaintiff’s assignor, a New Tork agency, for procuring theatrical engagements for the defendant in this country; that plaintiff’s assignor did procure a four weeks’ engagement for the defendant at a salary of $1,250 a week; and that defendant’s prolongation of a prior engagement was the cause of his failure to perform the American contract.

The plaintiff fairly sustained the burden of proving her claim, and the judgment must therefore be reversed, and judgment directed in favor, of plaintiff for the full amount claimed, with interest, and costs in both courts.

Judgment reversed, and judgment directed in favor of plaintiff for the full amount claimed, with interest, and costs in both courts. All concur.

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GUT, J.

There was sufficient competent evidence in this case to support a finding that Shaw, defendant’s London representative, had authority to ne-' gotiate with plaintiff’s assignor, a New Tork agency, for procuring theatrical engagements for the defendant in this country; that plaintiff’s assignor did procure a four weeks’ engagement for the defendant at a salary of $1,250 a week; and that defendant’s prolongation of a prior engagement was the cause of his failure to perform the American contract.

The plaintiff fairly sustained the burden of proving her claim, and the judgment must therefore be reversed, and judgment directed in favor, of plaintiff for the full amount claimed, with interest, and costs in both courts.

Judgment reversed, and judgment directed in favor of plaintiff for the full amount claimed, with interest, and costs in both courts. All concur.

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Bluebook (online)

151 N.Y.S. 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobs-v-kenyon-nyappterm-1915.

Opinion

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