Appellate Division of the Supreme Court of New York, 1928

Guzzo v. Kosches

Guzzo v. Kosches
Appellate Division of the Supreme Court of New York · Decided June 15, 1928
224 A.D. 741
Guzzo v. Kosches

Opinion of the Court

Judgment reversed upon the law, with costs, and complaint dismissed, with costs. The only authority of defendant’s employee was to attend with the marshal and identify the goods mentioned in the writ of replevin. The alleged assault and battery committed by him was committed without the scope of his authority. (Muller v. Hillenbrand, 227 N. Y. 448; Zucker v. Lannin Realty Co., Inc., 217 App. Div. 487; Feneran v. Singer Mfg. Co., 20 id. 574; McGrath v. Michaels, 80 id. 458; Weinstein v. Singer Manufacturing Co., 121 id. 708.) Lazansky, P. J., Kapper, Hagarty, Carswell and Scudder, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.