Norden v. Duke

Citations

• 106 A.D. 514
• 94 N.Y.S. 878
• 1905 N.Y. App. Div. LEXIS 2618

Syllabus

<p>Attachment — not vacated on motion on grounds involving the merits of the action — decla/rations made by an agent as to his authority to act.</p> <p>The court will not grant a motion to vacate an attachment, made on grounds which involve the merits of the action, but will deny the motion and leave the questions involved for disposition at the trial.</p> <p>The rule, that the admissions and declarations of an agent cannot be received to establish the fact of his agency or the nature and extent of his.áuthority, relates ■ to admissions and declarations madei by the agent to third persons, and-has no application to admissions and declarations made by the agent when called as a. witness to testify to the relations existing between himself and his principal,</p>