Hier v. . Grant
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. The action was brought to recover a balance of account for a quantity of tobacco alleged to have been sold by George P. Hier & Co. to the defendants, on the 16th day of August, 1867, at the agreed price of $629.80; the balance claimed, $380.80, and interest from the day of such alleged sale.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. The action was brought to recover a balance of account for a quantity of tobacco alleged to have been sold by George P. Hier & Co. to the defendants, on the 16th day of August, 1867, at the agreed price of $629.80; the balance claimed, $380.80, and interest from the day of such alleged sale. The firm of George P. Hier & Co., at the time of the alleged sale, consisted of Hier and Plumb, plaintiffs, and John…
1Opinion of the Court
Church, Ch. J.
The finding of fact by the referee that the- defendants did not purchase the tobacco in question of the plaintiffs, as alleged in the complaint, was not only fully justified by the evidence, but it is difficult to see how any other conclusion could have been arrived at. Although Hoyt had, on several occasions, purchased tobacco of the plaintiffs for the defendants, yet after the plaintiffs were expressly notified not to sell any more without a written order, the subsequent sale was unauthorized.
Nor did the defendants receive the property, or have the benefit of it. They…
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