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German-American Metal & Novelty Works, Inc. v. Shubert-Anderson Co.

108 N.Y.S. 1133 Court N.Y. App. Div. Decision date 1908-01-24 English

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p. 1133
GERMAN-AMERICAN METAL & NOVELTY WORKS, Inc., Respondent, v. SHUBERT-ANDERSON CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
January 24, 1908.)

Headnote

Action by the German-American Metal & Novelty Works, Incorporated, against the Shubert-Anderson Company.

Judgment and order of the Municipal Court affirmed, with .costs.

HOOKER and RICH, JJ., dissent on the following ground: The allegation of the authority of the defendant’s agent McBride is denied by the answer. There is no claim he had actual authority, and the proof of his ostensible authority is merely that he was called general manager and had an office in defendant’s building. This is insufficient. Camacho v. Hamilton Bank Note & Eng. Co., 2 App. Div. 369 -371, 37 N. Y. Supp. 725 .