Silliman v. Tuttle
New York Supreme Court
THIS is an action brought by the. plaintiffs, who were forwarding and commission merchants, at the city of Troy, against the defendants for the non-performance of an agreement made by the agent of the defendants, in their behalf, concerning the freight and expenses of a certain canal boat. In the month of June, 1864, the plaintiffs sold to the defendants, through their agent, the canal boat A. H. Burch.
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THIS is an action brought by the. plaintiffs, who were forwarding and commission merchants, at the city of Troy, against the defendants for the non-performance of an agreement made by the agent of the defendants, in their behalf, concerning the freight and expenses of a certain canal boat. In the month of June, 1864, the plaintiffs sold to the defendants, through their agent, the canal boat A. H. Burch. A bill of sale was executed by the plaintiffs and delivered to the agent, at the time of the sale. The boat was then on her way to Buffalo, with a load of merchandize. It was agreed by and…
1Opinion of the Court
By the Court, Miller, J.
It is objected that the contract now in question having been made by Robert F. Silliman, alone, with the defendants, a joint, action can not be maintained by the plaintiffs.
The Code, section 111, provides that all actions shall be brought in the name of the real party in interest. For business convenience the title to.the property sold to the defendants was in the name of one. of the plaintiffs. The sale, *173however, was made for the benefit of all the parties, and they were jointly interested in the contract. Although one of the plaintiffs conducted the negotiations and…
2Cases cited8 opinions
- Van Ostrand v. ReedNew York Supreme Court · 1828
- Witbeck v. . WaineNew York Court of Appeals · 1858
- Filkins v. . WhylandNew York Court of Appeals · 1862
- Fosdick v. CornellNew York Supreme Court · 1806
- Mumford v. McPhersonNew York Supreme Court · 1806
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Welz v. RhodiusIndiana Supreme Court · 1882
- Rodgers v. PerraultSupreme Court of Kansas · 1889
- White v. Western Union Telegraph Co.United States Circuit Court · 1882
- Genet v. President, Managers & Company of the Delaware & Hudson Canal Co.The Superior Court of New York City · 1888