MASTAN v. DESORMEAU DAIRY-VEND SERV., INC.


11 A.D.2d 860 (1960)

Henry Mastan, Plaintiff, v. Desormeau Dairy-Vend Service, Incorporated, Defendant and Third-Party Plaintiff-Respondent. Mars, Inc., Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 12, 1960


The test is whether the relationship is such as to justify the inference that notice given to the agent will be transmitted to the principal. (Tauza v. Susquehanna Coal Co., 220 N.Y. 259; Matter of Biddle Purchasing Co. v. Yung Hsing Trading Corp., 238 App. Div. 264; Ameritex Development Corp. v. Brown & Sites Co., 135 N.Y.S.2d 478, 482.) In this case, it seems very clear that the agent's position was of such a nature and of such importance and responsibility...

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