157 A.D. 852
Appellate Division of the Supreme Court of the State of New York
Decided July 8, 1913
Appellate Division of the Supreme Court of the State of New York · decided 1913-07-08
Appeal by the plaintiff, Maria A. Fatta, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 5th day of September, 1912, upon the decision of the court after a trial at the Erie Special Term.
Relies on Graves v. Mumford · Yeoman v. . McClenahan
Decided 1913-07-08
¶1Day admits on this trial that he had no express authority from plaintiff or her husband to pay over the money to Fennelly, nor does it appear that Fennelly had authority from plaintiff to receive it. No such authority should be implied. Day’s admission removes the essential basis of our former decision and brings the case within the rule of Graves v. Mumford (26 Barb. 94), Johnstone v. Horowitz (139 App. Div. 800) and Yeoman v. McClenahan (190 N. Y. 121).
¶2Judgment affirmed, with costs.