Blackmar v. . Thomas
New York Court of Appeals
Appeal from a judgment of the Supreme Court. The action was to recover the amount of an over-draft hy the defendant, on a cargo of corn shipped by him from Buffalo to the plaintiffs, as consignees, at Albany, for sale1 on commission. The complaint averred that the plaintiffs were partners, as produce commission "merchants, at Albany, under the name of Blackmar & Irwin.
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Appeal from a judgment of the Supreme Court. The action was to recover the amount of an over-draft hy the defendant, on a cargo of corn shipped by him from Buffalo to the plaintiffs, as consignees, at Albany, for sale1 on commission. The complaint averred that the plaintiffs were partners, as produce commission "merchants, at Albany, under the name of Blackmar & Irwin. That the defendant, on the 31st July, 1857, at Buffalo, consigned and shipped to the plaintiffs, by canal, a cargo of 4500 bushels of corn for storage and for sale, when directed, on commission. That at the same time the…
1Opinion of the Court
This appeal is without merit. The complaint alleges that on the 31st of July, 1857, the defendant consigned to the plaintiffs, at Albany, to be stored and sold when directed, 4500 bushels of corn; and at the same time drew on the plaintiffs, at 15 days, for $3300, which bill was, before maturity, accepted by the plaintiffs for the defendant's accommodation; and at its maturity, for the accommodation and at the request of the defendant, they paid the same, and, as advised by the defendant, charged such payment to the account of said consignment, to be paid to them with interest whenever the…
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- Fordyce v. PeperUnited States Circuit Court · 1883
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