194 N.Y. 323 | NY | 1909
The constitutionality of a statute (L. 1892, ch. 602, § 5), of which the present section 45 of the General Cities Law (L. 1900, ch. 327) is a substantial re-enactment, was upheld by this court in People ex rel. Nechamcus v. Warden, etc. (
It appears by the license issued to the so-called general manager, which is in the record, that he is authorized to carry on the business of plumbing under the name of Bronold Co. If it be the fact that he was the true principal the action should have been brought by him and not in the name of the plaintiffs. In neither view of the case, whether he be agent or principal, can the action be maintained.
The judgment should be affirmed, with costs.
CULLEN, Ch. J., GRAY, HAIGHT, WERNER, WILLARD BARTLETT, HISCOCK and CHASE, JJ., concur.
Judgment affirmed. *326