Hyperlawhypertext legal database New York Talking Mach. Co. v. Young 117 N.Y.S. 1142

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New York Talking Mach. Co. v. Young

117 N.Y.S. 1142 Court N.Y. App. Term Decision date 1909-06-29 English

Decision Majority — PER CURIAM. · Dissent — MacLEAN, J. (dissenting).

Contents
p. 1142
NEW YORK TALKING MACH. CO. v. YOUNG.
(Supreme Court, Appellate Term.
June 29, 1909.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, First District. Action by the New York Talking Machine Company against William L. Young. Judgment for defendant, and plaintiff appeals.
G. Lang, Jr., for appellant.
J. Levy, for respondent.

Judgment affirmed, with costs.

In his answer the defendant denied the alleged sale and delivery of certain goods. In his testimony he admitted the goods, musical goods, were received and kept on his shelves to his knowledge, he receiving the bill, at 2154 Fulton street, Brooklyn, where, as sole owner, but under the name of W. L. Young & Son, he carried on the business of a dealer in musical goods. The complaint should not have been dismissed, and the shopkeeper suffered to elude liability to the plaintiff, by the fugacious contention that the goods came on the direction of his son, who signed an order in the name of the ostensible firm of W. L. Young & Son, which direction and order he had not authority to give or to sign.