Richards v. Woodruff — 39 N.Y. Super. Ct. 541

Majority

p. 541

DANIEL W. RICHARDS, et al., Plaintiffs and Respondents, v. JOSEPH C. WOODRUFF, et al., Defendants and Appellants.

Headnote

AGENCY.—MOTION TO NON-SUIT.

Before Monell, Ch. J., and Freedman J.

Heard, February, 1875;

Decided March 1, 1875.

Marshall P. Stafford, attorney and of counsel for appellant.

Payson Merrill, attorney and of counsel for respondent.

In this case the only error assigned was the refusal to grant a motion for a non-suit made at the close of the plaintiffs’ evidence, on the ground that the person who made the purchase of the goods in question had not been shown to have been the defendants’ agent for that purpose.

wrote for affirmance, holding that a prima facie case of such agency had been made out.

Monell, Ch. J., concurred.