Ynguanzo v. Salomon
New York Court of Common Pleas
Appeal by the defendants from a judgment at trial term entered on a verdict. The plaintiff, in July, 1866, had a book-keeper, one Yan TJnruh, who introduced to his employers one Chamberlain, as a responsible purchaser of a quantity of cigars, for $2,720 cash on delivery. Classon, plaintiffs’ clerk, about the middle of the day, delivered the goods to Chamberlain, and demanded the cash.
Read the full summary
Appeal by the defendants from a judgment at trial term entered on a verdict. The plaintiff, in July, 1866, had a book-keeper, one Yan TJnruh, who introduced to his employers one Chamberlain, as a responsible purchaser of a quantity of cigars, for $2,720 cash on delivery. Classon, plaintiffs’ clerk, about the middle of the day, delivered the goods to Chamberlain, and demanded the cash. Chamberlain evaded payment, and claimed that cash on delivery meant a credit of thirty days. Classon returned to his employers, and being instructed to go back and get the goods or the cash from Chamberlain,…
1Opinion of the Court
By the Court.
Brady, J.
The complaint contains the statement of a fact which, if proved, would be sufficient to constitute a cause of action. It may be regarded as a mixed question of law and fact, and assuming it to be such, then the allegation of it was sufficient without further elaboration, to put the defendants to their answer. It was not necessary to set out in detail the various facts and circumstances upon which the plaintiffs relied to establish the complicity of the defendants. It would be substantially alleging the evidence which is not, and never has been, required in pleadings. In…
2Cases cited1 opinion
- Dunn v. . the PeopleNew York Court of Appeals · 1864
3Cited by5 opinions
- Cohn v. . GoldmanNew York Court of Appeals · 1879
- Hodge v. City of BuffaloSuperior Court of Buffalo · 1874
- People v. DoyleNew York Court of Appeals · 1860
- Wolverton v. TaylorAppellate Court of Illinois · 1889
- Cohn v. GoldmanThe Superior Court of New York City · 1878