Yeager v. Mechanics & Metals National Bank — 241 N.Y. 572

Majority

p. 572

J. Orin Yeager, Appellant, v. Mechanics and Metals National Bank, Respondent.

Headnote

Contract — principal and agent — banks and banking — action to recover for alleged breach of contract — defense that defendant acted as agent.

Yeager v. Mechanics & Metals Nat. Bank, 212 App. Div. 860 , affirmed.

(Argued October 28, 1925;

decided November 24, 1925.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 6, 1925, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial. The action was to recover for an alleged breach of contract on the part of defendant to secure and deposit to plaintiff’s order at a bank in Berlin certain bonds. The defense was that defendant was acting solely as plaintiff’s agent and was, therefore, only liable for negligence.

Stephen J. McTague and Harold J. Treanor for appellant.

Frank M. Patterson and Mervyn Mackenzie for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.