Hardenbrook v. Colson
New York Supreme Court
The defendant appeals from a judgment, entered in Steuben county, upon the verdict of a jury, taken at a court in that county.
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The defendant appeals from a judgment, entered in Steuben county, upon the verdict of a jury, taken at a court in that county. The plaintiffs were copartners in 1868 to 1876, at Bath, Steuben county, and delivered at divers times, articles of hardware, upon the agreement that the defendant should receive and sell them for plaintiffs, and pay over to the plaintiffs the moneys received upon the sales after deducting ten per cent for commissions to defendant for making such sales. The defendant failed to pay over sixty-six dollars and eighty-five cents. This action was brought to recover the…
1Opinion of the CourtHardin, J.
It was decided by this department in Whittaker, treasurer, etc., agt. Chapman (3 Lansing, 155), that a debt due from a factor for goods sold by him on commission, is a debt created in a fiduciary character, within the meaning of the bankrupt act of 1867, and is not covered by the debtor’s discharge in bankruptcy. This case'-has not been *431overruled. It has been referred to and approved by subsequent cases. It was quoted by Miller, J., in Barber agt. Sterling (68 N. Y., 273; see, also, 53 N. Y., 260); Platt agt. White (5 Denio, 271; 50 Barb., 288; 70 N. Y., 486). Section 5117 of the laws of the…
2Cases cited13 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
- Ledwich v. . McKimNew York Court of Appeals · 1873
- Hennequin v. . ClewsNew York Court of Appeals · 1879
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3Cited by1 opinion
- Shipley v. PlattsSouth Dakota Supreme Court · 1903