Cosgray v. New England Piano Co. — 48 N.Y.S. 7

Majority

p. 7

(22 App. Div. 455.)

COSGRAY v. NEW ENGLAND PIANO CO. OF NEW YORK.

(Supreme Court, Appellate Division, Second Department.

November 30, 1897.)

Headnote

'Corporations— Declarations of Officers—Evidence.

The declarations of an agent or officer of a corporation are not admissible against it in evidence except when made as a part of the res gestee, or in the performance of his duties as agent or officer.

Appeal from trial term.

Action by John G. Cosgray against the New England Piano Company of New York. From a judgment in favor of plaintiff, and from .an order denying a new trial, defendant .appeals.

Affirmed.

Argued before GOODRICH, P. J., and CULLEN, HATCH, and BRADLEY, JJ.

George William Hart, for appellant.

George A. Clement, for respondent.

But one alleged error is urged upon this appeal. The action was brought to recover damages for the improper discharge of the plaintiff before the expiration of his term of employment. The defendant denied that the plaintiff was employed for a definite term. The contract of employment was made by the plaintiff and one Dygert, the treasurer of the defendant. On the trial the plaintiff sought to prove, not by way of impeachment of Dygert, but as direct evidence, admissions alleged to have been made by Dygert to other persons. This evidence the court excluded. The ruling was plainly correct. The declarations of an .agent or officer of a corporation are not admissible, except when

p. 8

made as a part of the res gestas, or in the performance of his duties as agent or officer. First Nat. Bank of Lyons v. Ocean Nat. Bank, 60 N. Y. 278 .

The judgment and order appealed from should be affirmed, with costs.

Cases cited

First National Bank v. Ocean National Bank 60 N. Y. 278 N.Y. 1875-03-23 p. 8