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Radt v. Rosenfeld

44 N.Y.S. 1128 Court N.Y. City Ct. Decision date 1897-02-23 English

Delivered by VAN WYCK, C. J.

Contents

Majority

p. 1128
RADT, Respondent, v. ROSENFELD, Appellant.
(City Court of New York, General Term.
February 23, 1897.)

Headnote

Action by Max Radt against Louis Rosenfeld.
Spiegelberg & Wise, for appellant.
Hays & Greenbaum, for respondent.

The plaintiff’s assignors are_ merchants of Antwerp, Belgium, and the action is for certain profits on purchases and sales of coffee made for them by defendant in New York. The orders for these purchases and sales were given by plaintiff’s assignors to one Gigleux, at Antwerp, and by him transmitted by cable and mail to defendant here; and the main disputed fact at trial was whether Gigleux, at Antwerp, was the agent of plaintiff or defendant in receiving and transmitting these orders. The proof that he was the agent of defendant in these transactions was overwhelming, and the jury so found by returning the verdict for plaintiff. Careful examination of appellant’s elaborate brief and the printed record fails to disclose any reversible error, and the judgment and order are affirmed, with costs.