Wallace, Muller & Co. v. Leber
Supreme Court of New Jersey
On error to the Supreme Court. Tire writ of error in this case brings up for review the judgment entered in the Supreme Court, in- favor of the plaintiffs, in tlie sum of $3,435.15, upon a verdict of a jury rendered at a trial-at the Hudson Circuit, before Mr. Justice Collins. The action was brought to recover damages for the alleged breach of two contracts, reading, respectively, as follows: •“Wallace, Muller & Co., Limited.
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On error to the Supreme Court. Tire writ of error in this case brings up for review the judgment entered in the Supreme Court, in- favor of the plaintiffs, in tlie sum of $3,435.15, upon a verdict of a jury rendered at a trial-at the Hudson Circuit, before Mr. Justice Collins. The action was brought to recover damages for the alleged breach of two contracts, reading, respectively, as follows: •“Wallace, Muller & Co., Limited. “New York, Sept. 19th, 1897. “Messrs: Wallace, Muller & Oo., Ltd., Jf8 Pearl St., City: “Dear Sirs—In accordance with our agreement, we hereby guarantee to you that the…
1Opinion of the Court
*318The opinion of the court was delivered by
Garrison, J.
The contract of the defendants, Leber & Meyer, by which they agreed to indemnify the plaintiffs against any duty upon four thousand bags of Dutch sugar in excess of $1.95 per hundred pounds was an independent undertaking upon their part, made in their individual capacity and not as agents for Bunge & Company, the vendors of the sugar. The fact that as vendors’ agents they had brought about the sale of the sugar did not have -the effect of reading into their contract of indemnity with the plaintiff any provision of the contract of sale made…
2Cases cited12 opinions
- Pelamourges v. ClarkSupreme Court of Iowa · 1859
- Converse v. MeyerNebraska Supreme Court · 1883
- Stewart v. HoodSupreme Court of Alabama · 1846
- Little v. EdwardsCourt of Appeals of Maryland · 1888
- Adams v. RussellIllinois Supreme Court · 1877
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