Legal Opinion

Higgins v. . Moore

New York Court of Appeals

Decided January 5, 1866PublishedCited by 40 opinions

Action in Superior Court'of Hew-York to recover $2,569.77, the price of a cargó of rye sold to defendant in the city of Hew York, on the 27th of August, 1858. The sale was ' negotiated by a grain broker, but before the delivery of the grain the defendant • was aware of the plaintiffs being the owners. The plaintiffs lived in Albany, and were dealers’ in grain. The rye was delivered on the 30th of August.

Read the full summary

Action in Superior Court'of Hew-York to recover $2,569.77, the price of a cargó of rye sold to defendant in the city of Hew York, on the 27th of August, 1858. The sale was ' negotiated by a grain broker, but before the delivery of the grain the defendant • was aware of the plaintiffs being the owners. The plaintiffs lived in Albany, and were dealers’ in grain. The rye was delivered on the 30th of August. Plaintiff Higgins was in Hew York at the time-of the sale of the rye, but returned to Albany on the 29th, and did not return to'Hew York until'the 3¿ of September, prior to which last date…

1Opinion of the Court

The judgment was sustained in the Superior Court mainly on the ground that a grain broker, who had never had possession of the rye sold, but was only authorized to contract for its sale, had thereby an implied authority to receive the purchase-price. The court was not satisfied with the finding of fact by the referee as to the usage of trade, which allowed a payment to a broker, but did not set it aside. I agree that the evidence is entirely unsatisfactory to establish any such usage. To my mind, it is utterly insufficient. This court, however, has no authority to interfere with this judgment…

2Cases cited2 opinions

  1. Wheeler v. . NewbouldNew York Court of Appeals · 1857
  2. Luther Cross & Co. v. HaskinsSupreme Court of Vermont · 1841

3Cited by40 opinions

  1. Love v. MillerIndiana Supreme Court · 1876
  2. Fairly v. Wappoo MillsSupreme Court of South Carolina · 1895
  3. McKindly v. DunhamWisconsin Supreme Court · 1882
  4. German-American Insurance v. Commercial Fire Ins.Supreme Court of Alabama · 1891
  5. Simon & Son v. JohnsonSupreme Court of Alabama · 1893

35 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API