Davis v. Shields
New York Supreme Court
Error from the superior court of the city of New-York. Shields brought an action of assumpsit for the non-delivery of a quantity of iron. On the 21st January, 1836, a broker employed by the defendants sold to the plaintiff fifty tons of English iron at $70 per ton, at a credit of six months, the iron to be in good order and the plaintiff not to be bound to take it unless it arrived in reasonable time.
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Error from the superior court of the city of New-York. Shields brought an action of assumpsit for the non-delivery of a quantity of iron. On the 21st January, 1836, a broker employed by the defendants sold to the plaintiff fifty tons of English iron at $70 per ton, at a credit of six months, the iron to be in good order and the plaintiff not to be bound to take it unless it arrived in reasonable time. The invoice and bill of lading dated on the 80th October, 1835, were received by the defendants on the 4th December. The iron was shipped on board the brig Anna, which arrived between the 15th…
1Opinion of the Court
By the Court,
Cowen, J.
The two classes of objections collateral to the memorandum of the contract in question admit, I think, of short answers. The first objection is, that the'broker departed from his authority, in omitting to state the time of credit and the condition of arrival within a reasonable time ; in other words, that the contract stood in his book as a cash sale, and imported an obligation to receive at whatever time the ship might chance to arrive, though delayed beyond a reasonable time. That in this he exceeded the authority conferred on him by the plaintiff below, may I think,…
2Cases cited2 opinions
- Dey v. DoxNew York Supreme Court · 1832
- Phelps v. DeckerMassachusetts Supreme Judicial Court · 1813
3Cited by5 opinions
- Dodge v. HopkinsWisconsin Supreme Court · 1861
- Van Allen v. Illinois Central RailroadThe Superior Court of New York City · 1861
- Commercial Bank of Buffalo v. . WarrenNew York Court of Appeals · 1857
- Commercial Bank of Buffalo v. WarrenNew York Court of Appeals · 1857
- Lawrence v. TaylorNew York Supreme Court · 1843