Graham v. O'Niel
The Superior Court of New York City
Assumpsit for goods sold and delivered. The declaration contained the common counts only, and the defendant pleaded the general issue.
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Assumpsit for goods sold and delivered. The declaration contained the common counts only, and the defendant pleaded the general issue. It appeared, at the trial, that the plaintiff was a shopkeeper, and that the defendant, in September, 1828, came to the plaintiff’s shop, in company with a Mrs. Connolly, (a pedler,) introduced her to him, and told the plaintiff to let her have what goods she might want, at any time, and charge the same to him, and he would see the plaintiff paid. Mrs. C. accordingly took up goods of the plaintiff, at the time of her introduction, and for a long time…
1Opinion of the CourtOakley, J.
This was an action for goods sold and delivered. It appeared, that the defendant introduced one Mrs. Connolly to the plaintiff, and directed him to let her have what goods she should at any time want., and charge them to him, and he would see him -paid. Goods were accordingly delivered to her, from time to time, and charged to the defendant. She made various payments, which were credited, and this action was brought to recover the balance.
The Judge directed the jury, that if they found that the plaintiff had given credit to Mrs. Connolly, or that the defendant had limited his responsibility…
2Cited by2 opinions
- Demuth v. SternheimerNew York Marine Court · 1882
- Kelley v. FaulhaberAppellate Terms of the Supreme Court of New York · 1896