Young v. Edelbrew Brewery, Inc.

Appellate Division of the Supreme Court of New York

Young v. Edelbrew Brewery, Inc.

275 A.D.2d 722

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 21, 1949

StatusPublished

This text of 275 A.D.2d 722 (Young v. Edelbrew Brewery, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Young v. Edelbrew Brewery, Inc., 275 A.D.2d 722 (N.Y. Ct. App. 1949).

Pincite

Opinion

The findings of fact implicit in the verdict of the jury, as amended by stipulation, are disaffirmed. There is no evidence that the defendant’s servant, who received a threatening note and turned it over to the police, was acting within the general scope of his employment, while engaged in his employer’s business, with a view to the furtherance of the interests of his employer. The evidence is conclusive that he was acting for himself, in his own interests and for his own protection. Nolan, P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur.

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The findings of fact implicit in the verdict of the jury, as amended by stipulation, are disaffirmed. There is no evidence that the defendant’s servant, who received a threatening note and turned it over to the police, was acting within the general scope of his employment, while engaged in his employer’s business, with a view to the furtherance of the interests of his employer. The evidence is conclusive that he was acting for himself, in his own interests and for his own protection. Nolan, P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur.

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Bluebook (online)

275 A.D.2d 722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-edelbrew-brewery-inc-nyappdiv-1949.