Matthews v. Title Guaranty & Surety Co. , 119 N.Y.S. 1134 ( 1909 )

Motion for reargument denied, without costs. The' decision of the appeal was based upon the fact that the statement of the agent’s duties, furnished to the defendant, did not disclose the risk incurred by permitting the agent to keep goods in his own storehouse until he "could sell them, by which risk all the loss sued for was occasioned. Present —■ Hirschberg, P. J., Woodward, Jenks, Burr and Miller, JJ.