Gutchess v. Daniels
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the sum of $748.72, one half the net profits due and belonging to the firm of Gutchess & Yawger, from the defendants, on a boat load of wheat consigned to the defendants and sold by them, in 1867, which claim was assigned to the plaintiff onthe22d of November, 1867. The referee found the following facts : That during the year 1867, and up to the time of the commencement of this…
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APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the sum of $748.72, one half the net profits due and belonging to the firm of Gutchess & Yawger, from the defendants, on a boat load of wheat consigned to the defendants and sold by them, in 1867, which claim was assigned to the plaintiff onthe22d of November, 1867. The referee found the following facts : That during the year 1867, and up to the time of the commencement of this action, Ira B. Gutchess and John P. Yawger were copartners in business at Port Byron, Cayuga county, in buying grain and…
1Opinion of the Court
By the Court, Johnson, J.
The referee held, as a conclusion of law, that the prior indebtedness from the plaintiff’s assignors to the defendants, was not a valid set-off) and could not be allowed against the claim assigned for one half the profits of the cargo of wheat. At the time the wheat was shipped by the plaintiff’s assignors to the defendants, to be sold on commission, the former were indebted to the latter in the sum of $4403.81, which was then due. It had been agreed between them that the plaintiff’s assignors should, through the summer of 1867, ship grain to the defendants, to be…
2Cases cited1 opinion
- Downer v. EgglestonCourt for the Trial of Impeachments and Correction of Errors · 1835