New York Court of Appeals

Joseph Nowack, an Infant, by Barnett Nowack, His Guardian Ad Litem, Appellant v. Metropolitan Street Railway…

April 16, 1901166 N.Y. 433

Summary

The Court held that evidence showing the defendant corporation's agent attempted to bribe a witness is admissible as an admission by conduct, even though collateral, and reversed the judgment, remanding for a new trial. The dissent argued the corporation should not be held liable for the agent's unauthorized wrongdoing.