Seymour Dudley Co. v. Arbor Realty Co.

Appellate Terms of the Supreme Court of New York

Seymour Dudley Co. v. Arbor Realty Co.

123 N.Y.S. 978

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 24, 1910

StatusPublished

This text of 123 N.Y.S. 978 (Seymour Dudley Co. v. Arbor Realty 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

Seymour Dudley Co. v. Arbor Realty Co., 123 N.Y.S. 978 (N.Y. Ct. App. 1910).

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Opinion

BIJUR, J.

This action was brought for the cost of printing certain pamphlets which plaintiff claims were ordered for and delivered to [979]*979the defendant. Plaintiff’s testimony, however, is to the effect that . the orders were given by an individual, and not in the name of the company, and that, while the pamphlets were sent to the company’s office and addressed to it, the receipt is signed by this individual. Defendant proves that this agent was merely a special agent appointed under a contract to sell stock of the company. Plaintiff admits that he knew that this agent was not an official of the company.

Under these circumstances, as there is no pretense that the agent was actually authorized by the company to contract for the work done, and as the company did not hold him out as its general agent in any respect, there is no reason for holding the defendant. The only connection shown is a conversation between an official of the plaintiff corporation and an official of the defendant corporation referring to the nonpayment of the bill for this work. Plaintiff’s witness, however, gives two versions of the language employed by the company’s officer, and either of them is consistent with the notion that the printing of this pamphlet was entirely an affair of the agent individually;

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

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BIJUR, J.

This action was brought for the cost of printing certain pamphlets which plaintiff claims were ordered for and delivered to [979]*979the defendant. Plaintiff’s testimony, however, is to the effect that . the orders were given by an individual, and not in the name of the company, and that, while the pamphlets were sent to the company’s office and addressed to it, the receipt is signed by this individual. Defendant proves that this agent was merely a special agent appointed under a contract to sell stock of the company. Plaintiff admits that he knew that this agent was not an official of the company.

Under these circumstances, as there is no pretense that the agent was actually authorized by the company to contract for the work done, and as the company did not hold him out as its general agent in any respect, there is no reason for holding the defendant. The only connection shown is a conversation between an official of the plaintiff corporation and an official of the defendant corporation referring to the nonpayment of the bill for this work. Plaintiff’s witness, however, gives two versions of the language employed by the company’s officer, and either of them is consistent with the notion that the printing of this pamphlet was entirely an affair of the agent individually;

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

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Bluebook (online)

123 N.Y.S. 978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seymour-dudley-co-v-arbor-realty-co-nyappterm-1910.