179 A.D. 60 | N.Y. App. Div. | 1917
The motion to vacate the attachment was made upon the papers on which the attachment was issued, consisting of a summons and complaint together with affidavits by the plaintiff and by an officer of the Sterling Coal Company, Limited, plaintiff’s assignor, and upon affidavits by two officers of the defendant, which is a Pennsylvania corporation. The complaint alleges that during the year 1916 the defendant entered into a written contract with the Sterling Coal Company, Limited, for the sale by the defendant and the purchase by the Sterling Coal Company of 15,000 tons of
In this view of the case it is unnecessary to consider the defendant’s objection that the plaintiff has failed to show authority in the agent to make the contract upon which he sues, by faffing to establish the approval of the • defendant of the contract made with the defendant’s agent, which approval as to amount and price is stipulated for in its contract of agency.
The order appealed from is reversed, with ten dollars costs and disbursements, and the motion to vacate the attachment granted, with ten dollars costs.
Clarke, P. J., Laughlin, Page . and Shearn, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.