Kayton v. Barnett
The Superior Court of New York City
Exceptions ordered to be heard at general term in the first instance. The judge who presided at the trial term dismissed the complaint upon the evidence presented by the plaintiffs, and directed that the exceptions be heard at the general term in the first instance, judgment in the meanwhile being suspended. Action to recover for goods sold and delivered to the defendants.
Read the full summary
Exceptions ordered to be heard at general term in the first instance. The judge who presided at the trial term dismissed the complaint upon the evidence presented by the plaintiffs, and directed that the exceptions be heard at the general term in the first instance, judgment in the meanwhile being suspended. Action to recover for goods sold and delivered to the defendants. The defendants denied the sale and delivery, and alleged that the goods were sold and delivered to a certain other person named Bishop.
1Opinion of the Court
By the Court.—Truax, J.
The action w.as brought to recover from the defendants as undisclosed principals. The evidence shows that the plaintiffs asked Bishop, the person who, as a matter of fact, bought the goods, if he was buying for the defendants, and stated to him that if he was buying for the defendants, plaintiffs would not sell the goods to them. Bishop said that he was not buying for the defendants, but that he was buying for himself.
It was testified on the trial, and for the purposes of this appeal it must be taken as the fact, that Bishop was buying the goods for the defendants.
Where…
2Cases cited3 opinions
- Winchester v. HowardMassachusetts Supreme Judicial Court · 1867
- Coleman v. . First National Bank of ElmiraNew York Court of Appeals · 1873
- Rowan v. ButtmanNew York Court of Common Pleas · 1865