Hilton v. . Vanderbilt
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New .York, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought by plaintiffs as members of the firm of A. T. Stewart & Co., to recover a balance alleged to be due that firm on account for advances made by it to the late firm of B. Underhill & Co., of which firm defendants were the members.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New .York, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought by plaintiffs as members of the firm of A. T. Stewart & Co., to recover a balance alleged to be due that firm on account for advances made by it to the late firm of B. Underhill & Co., of which firm defendants were the members. Defendant Vanderbilt alone appeared and defended. It appeared that in 1870 the two firms entered into an agreement by which Underhill & Co., who…
1DissentAndrews, J.
The general rule that a factor receiving goods on consignment for sale is bound in selling them to follow the instructions of his principal, is not, in the absence of a special agreement, changed by the fact that the factor is under advances, and has a lien on the goods for their repayment. This was decided in Marfield v. Goodhue (3 N. Y. 62), where the question received careful consideration, and so far as it is inconsistent with the case of Brown v. McGran (14 Pet. 495), must he regarded as settling the law in this State contrary to the ruling in that case.
It is unnecessary now to consider…
2Cases cited5 opinions
- William & James Brown & Co. v. McGranSupreme Court of the United States · 1840
- Robbins v. . FullerNew York Court of Appeals · 1862
- Napier v. McLeodNew York Supreme Court · 1832
- Marfield v. . GoodhueNew York Court of Appeals · 1849
- Gillilan v. Sun Mutual InsuranceNew York Court of Appeals · 1869