Bradley Fertilizer Co. v. South Publishing Co.
New York Court of Common Pleas
Appeal from city court, general term. Action by the Bradley Fertilizer Company against the South Publishing Company to recover a balance alleged to be due for goods sold and delivered. The answer denied the sale and delivery of the goods to defendant. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtDaly, C. J.
It was proved that the goods for which the action was brought were sold and delivered by the plaintiff prior to May 28, 1887, and that the defendant was not incorporated until January 6,1888; nevertheless the plaintiff was allowed to recover as upon a sale to defendant, and this recovery is attempted to be sustained upon the grounds (1) of a de facto corporation existing at the time of the sale, and (2) of an account stated between the plaintiff and defendant. The goods in question were sold and delivered by the plaintiff to one Clough, who, under the name of “The South Publishing Co.,” was…
2Cases cited7 opinions
- Young v. . HillNew York Court of Appeals · 1876
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Methodist Episcopal Union Church v. . PickettNew York Court of Appeals · 1859
- Scott v. Middletown, Unionville & Water-Gap RailroadNew York Court of Appeals · 1881
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3Cited by3 opinions
- Davis v. Seattle National BankWashington Supreme Court · 1898
- Bradley Fertilizer Co. v. South Publishing Co.New York Court of Common Pleas · 1893
- Kent v. WilsonAppellate Division of the Supreme Court of the State of New York · 1912