Minturn v. . Main
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where judgment had been rendered upon a verdict in favor of the plaintiffs. This was an action of indebitatus assumpsit, brought by the plaintiffs, who were auctioneers in the city of New York, to recover the price of sixty boxes of oranges, purchased by the defendant. The defendant pleaded non assumpsit, and gave notice of special matter.
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Appeal from the general term of the Superior Court of the city of New York, where judgment had been rendered upon a verdict in favor of the plaintiffs. This was an action of indebitatus assumpsit, brought by the plaintiffs, who were auctioneers in the city of New York, to recover the price of sixty boxes of oranges, purchased by the defendant. The defendant pleaded non assumpsit, and gave notice of special matter. In May 1848, A. A. Sus & Co. received a consignment of oranges and lemons from Messina, by the schooner Gladiator, which they employed the plaintiffs to sell, on board. The sale was…
1Opinion of the CourtEdmonds, J.
Sus, being the consignee of a cargo of oranges, employed plaintiffs, as auctioneers, to sell them; on the same day and place at which the auction sale took place, Sus sold the whole cargo to Miller & Parsons ; plaintiffs were ignorant of that sale, but made their sale at auction, and Meacham purchased of them a large quantity, and assigned part of his purchase, viz., 60 boxes, to the defendant. The defendant received that quantity, directly from the plaintiffs, giving his receipt for them, as if he had been directly a bidder at the sale ; he afterwards refused to pay the price at which…
2Cited by8 opinions
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- Kinne v. WebbCourt of Appeals for the Eighth Circuit · 1893
- Barnes v. Century Savings BankSupreme Court of Iowa · 1913
- Simon v. TrummerOregon Supreme Court · 1910
- Gregory v. United States Fidelity & Guaranty Co.New York Supreme Court · 1904
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