Summary
In Leavitt v. Morrow, supra, a case cited in Robinson v. St. Johnsbury L.C.R.R. Co., supra, occurs this sentence: "It may be laid down as incontestable, as a general thing, that where one man is indebted to another and a third person steps in and pays the debt, in the absence of all circumstances tending to show the contrary, the rational inference would be that the act done, being for the debtor's benefit, was done with his consent, or, if without his knowledge at the time, that it would, as a matter of course, be ratified by him afterward.
Summary of this case from F. I. Somers & Sons, Inc. v. LeClercOpinion
No. 262.
April 21, 1941.
Appeal from a judgment of the District Court for the Southern District of New York, dismissing a complaint.
Elliot F. Glassberg, of New York City, for appellants.
Sullivan Cromwell, of New York City (De Lano Andrews and Frank J. Berberich, both of New York City, of counsel), for appellees.
Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.
Judgment affirmed on the authority of § 768 and Comment of the Restatement of Torts.