Corlies v. Cumming
New York Supreme Court
Assumpsit, tried at the Neiv-York circuit, June 24th, 1824, before Edwards, C. Judge. At the trial, the following facts appeared : The plaintiffs, being commission merchants in Philadelphia, the defend- . ant left with them in the autumn of 1820, and winter of 1820 and 1821, a quantity of cheese, to sell on commission, In December, 1820, the plaintiffs advanced to the defendant $,900 upon the cheese ; for a balance of between 300 and 400 dollars, of which this action was…
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Assumpsit, tried at the Neiv-York circuit, June 24th, 1824, before Edwards, C. Judge. At the trial, the following facts appeared : The plaintiffs, being commission merchants in Philadelphia, the defend- . ant left with them in the autumn of 1820, and winter of 1820 and 1821, a quantity of cheese, to sell on commission, In December, 1820, the plaintiffs advanced to the defendant $,900 upon the cheese ; for a balance of between 300 and 400 dollars, of which this action was brought. The plaintiffs made various sales of the cheese, and (among others) March 9 th, 1821, sales to one Kellogg, on…
1Opinion of the Court
*184 Curia, per
Woodworth, J.
The defendant deposited a quantity of cheese with the plaintiffs, as factors, upon which they made an advance of $900. Whether the plaintiffs can sustain an action to recover back the advance, before any attempt is made to reimburse themselves by a sale, it is not material to decide. If it be admitted they can, the question arises, have they made themselves liable for the cheese sold ? If they have, it becomes a subject of set off, which more than satisfies their claim.
As to the law on this point, I entirely concur in the principle laid down by Mr. Justice Story, in…
2Cases cited4 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Goodenow v. TylerMassachusetts Supreme Judicial Court · 1810
- Burrill v. PhillipsU.S. Circuit Court for the District of Rhode Island · 1812
- Van Alen v. VanderpoolNew York Supreme Court · 1810
3Cited by5 opinions
- Balderston v. National Rubber Co.Supreme Court of Rhode Island · 1893
- In re Orlo Atwood & SonsAppellate Division of the Supreme Court of the State of New York · 1896
- Knope v. NunnNew York Supreme Court · 1894
- Talcott v. HitchingsAppellate Division of the Supreme Court of the State of New York · 1896
- Whitman v. HortonThe Superior Court of New York City · 1880