Knapp v. . Simon
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 30,1882, which affirmed- a judgment, in favor of defendant, who alone was served, appeared and defended, entered upon a verdict.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 30,1882, which affirmed- a judgment, in favor of defendant, who alone was served, appeared and defended, entered upon a verdict. (Reported below, 17 J. & S. 17.) The complaint alleged that in October, 1868, the defendants requested the plaintiff to purchase, as broker, for them certain wheat of Carlos Cobb, and that the plaintiff, as such broker, did buy for the defendants the wheat for $5,064; that in October, 1868, the defendants paid said Carlos Cobb $1,688, leaving…
1Opinion of the Court
Huger, Oh. J.
In 1868 the plaintiff, being a grain broker, purchased of one Carlos Cobb, for and at the request of the defendants, the firm of C. A. Stern & Go., a quantity of wheat for cash on delivery. The plaintiff did not disclose the names of his principals upon making such purchase. The grain was delivered and has never been paid for by the defendants.
The effect of a purchase of property by an agent who does not disclose the name of his principal at the time of such purchase is to render the agent personally liable to the vendor for the purchase-price.
The agent is under no legal or moral…
2Cases cited5 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Cobb v. . KnappNew York Court of Appeals · 1877
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- McGoldrick v. . WillitsNew York Court of Appeals · 1873
- Knapp v. . SimonNew York Court of Appeals · 1881
3Cited by36 opinions
- Baily v. . HornthalNew York Court of Appeals · 1898
- Brady v. . NallyNew York Court of Appeals · 1896
- Bintz v. City of HornellAppellate Division of the Supreme Court of the State of New York · 1945
- Georgi v. . Texas Co.New York Court of Appeals · 1919
- Collins v. . ButlerNew York Court of Appeals · 1904
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