Opinion
February, 1901.
Ernest F. Eidlitz, for appellant.
Bostwick, Morrell Bates, for respondent.
We find no evidence in this case that Hall Henshaw had authority to represent the defendant in the employment of sub-agents. Nor is there evidence sufficient to establish a ratification. The cases cited by respondent were actions brought by persons insured under policies of insurance, and have no application. If the plaintiff has a claim for commissions or damages, his remedy is against Hall Henshaw, who employed him, and not against the defendant. The judgment being without evidence to support it, must be reversed.
Present: ANDREWS, P.J., O'GORMAN and BLANCHARD, JJ.
Judgment reversed and new trial ordered, with costs to appellant to abide event.