Legal Opinion

Corlies v. Cumming

New York Supreme Court

Decided August 15, 1826PublishedCited by 5 opinions

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

  1. Tobey v. BarberNew York Supreme Court · 1809
  2. Goodenow v. TylerMassachusetts Supreme Judicial Court · 1810
  3. Burrill v. PhillipsU.S. Circuit Court for the District of Rhode Island · 1812
  4. Van Alen v. VanderpoolNew York Supreme Court · 1810

3Cited by5 opinions

  1. Balderston v. National Rubber Co.Supreme Court of Rhode Island · 1893
  2. In re Orlo Atwood & SonsAppellate Division of the Supreme Court of the State of New York · 1896
  3. Knope v. NunnNew York Supreme Court · 1894
  4. Talcott v. HitchingsAppellate Division of the Supreme Court of the State of New York · 1896
  5. Whitman v. HortonThe Superior Court of New York City · 1880

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