Hughes v. Smither
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William H. T. Hughes, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 26th day of March, 1897, upon the report of a referee dismissing his complaint upon the merits. . . The action was upon an account alleged to have been stated, between the plaintiff’s assignors, Mellor & Fenton, of Liverpool, and the defendant,, who was a merchant doing business in Texas.
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Appeal by the plaintiff, William H. T. Hughes, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 26th day of March, 1897, upon the report of a referee dismissing his complaint upon the merits. . . The action was upon an account alleged to have been stated, between the plaintiff’s assignors, Mellor & Fenton, of Liverpool, and the defendant,, who was a merchant doing business in Texas. The transactions between the parties consisted in the purchase and sale of cotton, and what are known as cotton futures, upon…
1Opinion of the Court
Barrett, J.:
The complaint.proceeds upon the theory that the relations between the plaintiff’s assignors and the defendant were those of principal and agent. It .is averred that for their services as the defendant’s commission merchants and factors they were to be “ compensated * * * by a commission estimated at ” one-half of the net profits to be derived from the contemplated sales of cotton. At the close of the trial, this allegation being entirely unproved, the plaintiff was permitted to amend so far as to withdraw the words which we have quoted, and to substitute therefor the simple…
2Cited by10 opinions
- Newburger-Morris Co. v. . TalcottNew York Court of Appeals · 1916
- Steinmetz v. GrennonOregon Supreme Court · 1923
- M. & C. Creditors Corp. v. PrattNew York Supreme Court · 1938
- Mellor v. SmitherCourt of Appeals for the Fifth Circuit · 1902
- Lawrence v. CowperthwaitNew York Supreme Court · 1934
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