Mergentine v. Arverne Hotel Supply Co.

Appellate Terms of the Supreme Court of New York

Mergentine v. Arverne Hotel Supply Co.

123 N.Y.S. 52

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1910

StatusPublished

This text of 123 N.Y.S. 52 (Mergentine v. Arverne Hotel Supply 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

Mergentine v. Arverne Hotel Supply Co., 123 N.Y.S. 52 (N.Y. Ct. App. 1910).

Pincite

Opinion

SEABURY, J.

Plaintiff sued to recover the value of vegetables alleged to have been sold to- the defendant, the Arverne Hotel Supply Company, and has recovered a judgment in his favor.

The evidence established that the plaintiff sold the vegetables to Mr. Kaufman. There was no proof that Kaufman was the agent of the defendant, or that the vegetables were delivered to the defendant. The judgment is clearly without any support in the evidence.

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

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SEABURY, J.

Plaintiff sued to recover the value of vegetables alleged to have been sold to- the defendant, the Arverne Hotel Supply Company, and has recovered a judgment in his favor.

The evidence established that the plaintiff sold the vegetables to Mr. Kaufman. There was no proof that Kaufman was the agent of the defendant, or that the vegetables were delivered to the defendant. The judgment is clearly without any support in the evidence.

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

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Bluebook (online)

123 N.Y.S. 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mergentine-v-arverne-hotel-supply-co-nyappterm-1910.