Hyperlawhypertext legal database Fullerton v. Auto Car Equipment Co. 121 N.Y.S. 1131

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Fullerton v. Auto Car Equipment Co.

121 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1910-02-02 English

Contents

Majority

p. 1131
FULLERTON, Respondent, v. AUTO CAR EQUIPMENT CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
February 2, 1910.)

Headnote

Action by Henry F. Fullerton against the Auto Car Equipment Company.

Judgment and order affirmed, with costs.

McLennan, P. J., and WILLIAMS, J., dissent, upon the ground that the plaintiff’s assignor was not the procuring cause of the sale of the automobile by the defendant, and that there was no consideration for the alleged promise by the defendant to pay the plaintiff’s assignor without his performing any service whatever.