Sullivan v. Baldwin

Appellate Terms of the Supreme Court of New York

Sullivan v. Baldwin

35 Misc. 817, 72 N.Y.S. 1131

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 817 (Sullivan v. Baldwin) 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

Sullivan v. Baldwin, 35 Misc. 817, 72 N.Y.S. 1131 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

This judgment must be reversed. The order for the awning, the price 'whereof the suit is brought, was given by a Mr. Ratcliff. There is an absence of evidence that Mr. Ratcliff was authorized by the league or any of its officials to make the purchase, and because of that the judgment must be reversed. Where a recovery is sought under the action of an agent of the defendant, there must be some proof of authority to bind his alleged principal.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

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Per Curiam.

This judgment must be reversed. The order for the awning, the price 'whereof the suit is brought, was given by a Mr. Ratcliff. There is an absence of evidence that Mr. Ratcliff was authorized by the league or any of its officials to make the purchase, and because of that the judgment must be reversed. Where a recovery is sought under the action of an agent of the defendant, there must be some proof of authority to bind his alleged principal.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

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Bluebook (online)

35 Misc. 817, 72 N.Y.S. 1131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-baldwin-nyappterm-1901.