James McCreery & Co. v. Oppenheim

Appellate Terms of the Supreme Court of New York

James McCreery & Co. v. Oppenheim

92 N.Y.S. 1130

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 28, 1905

StatusPublished

This text of 92 N.Y.S. 1130 (James McCreery & Co. v. Oppenheim) 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

James McCreery & Co. v. Oppenheim, 92 N.Y.S. 1130 (N.Y. Ct. App. 1905).

Pincite

Opinion

SCOTT, J.

Whatever may have been the actual agreement between Sadie Jacobs and the defendants, it was not communicated to plaintiffs/ I think that under the circumstances disclosed by the evidence the defendants are estopped from denying responsibility for the amount sued for. The whole arrangement seems to have been devised with a view to giving Miss Jacobs credit on the faith of her apparent connection with defendants, and yet at the same time to leave an avenue of escape open in case of need. The judgment should be reversed, and a new trial granted, with costs to the appellant to abide the event. All concur.

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SCOTT, J.

Whatever may have been the actual agreement between Sadie Jacobs and the defendants, it was not communicated to plaintiffs/ I think that under the circumstances disclosed by the evidence the defendants are estopped from denying responsibility for the amount sued for. The whole arrangement seems to have been devised with a view to giving Miss Jacobs credit on the faith of her apparent connection with defendants, and yet at the same time to leave an avenue of escape open in case of need. The judgment should be reversed, and a new trial granted, with costs to the appellant to abide the event. All concur.

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Bluebook (online)

92 N.Y.S. 1130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-mccreery-co-v-oppenheim-nyappterm-1905.