McKecknie v. . Ward
New York Court of Appeals
Appeal by defendant Ward, from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought upon a bond in the penalty of $2,000, executed by the defendant.
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Appeal by defendant Ward, from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought upon a bond in the penalty of $2,000, executed by the defendant. It recited an agreement between plaintiffs and the defendant Barnes, as follows : “ The said James and Alexander McKecknie agree to let to the said E. W. Barnes, the agency for the sale of their ale in the said city of Syracuse, on the following conditions : The said E. W. Barnes agrees to receive the ale at…
1Opinion of the CourtFolger, J.
I do not think that the first point made by the appellant is tenable. The agreement between the plaintiffs and Barnes did not create the relation of principals and agent; the scope of it shows an intention to give to him a monopoly, at Syracuse, of the purchase from them and of the sale to others of their ale; and to them a monopoly of his services in the sale of that article. He had not to them the liability of an agent. His liability was that of a vendee. They were bound, impliedly at least, to deliver to him all the ale that he called for. He was bound to pay for all that they delivered.…
2Cases cited11 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
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- Brown v. . CurtissNew York Court of Appeals · 1849
- Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
- Schroeppell v. . ShawNew York Court of Appeals · 1850
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- Chicago Crayon Co. v. RogersSupreme Court of Oklahoma · 1911
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