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36 N.Y. Sup. Ct. 456

Masterson v. Boyce

New York Supreme Court

Decided March 15, 1883

New York Supreme Court · decided 1883-03-15

The recovery was had for the breach of a warranty made upon the sale of 1,100 shares of the stock of the Maryland Union Coal Company. The sale was in form made by John White, who, it was alleged, acted as the agent of the defendant in making it. The fact of this agency did not appear in the contracts entered into in writing between White and the defendant, nor in the agreement subscribed by the plaintiff, under which he received the stock.

Decided 1883-03-15

¶1Opinion by

Daniels, J.;Macombee, J., concurred.Present — Davis, P, J., Daniels and Macombee, JJ.

¶2Judgment reversed, with costs to defendant to abide the event, and the verdict set aside on payment by him of the costs of the trial.

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