McLachlin v. . Brett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 9, 1885, which affirmed a judgment in favor of plaintiffs entered upon a verdict. (Reported below, 34 Hun, 478.) This action was brought to recover a balance alleged to be due for certain lumber sold and delivered by plaintiffs to defendants. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 9, 1885, which affirmed a judgment in favor of plaintiffs entered upon a verdict. (Reported below, 34 Hun, 478.) This action was brought to recover a balance alleged to be due for certain lumber sold and delivered by plaintiffs to defendants. The material facts are stated in the opinion. To entitle plaintiffs to recover they were bound to prove, not only that Hall & Company sold the lumber to the defendants as the agents of MeLachlin Brothers, but that at the time…
1Opinion of the CourtFinch, J.
The material facts in this case are substantially undisputed. For some years previous to 1875 the defendants had been in the habit of purchasing lumber in Canada of Hall & Company, dealing with that firm as owners and in their own name. In the process a large indebtedness had accrued in favor of the defendants, which the parties expected would be reduced by the sale of a quantity of shooks consigned by Hall & Company to the defendants, to be sold by them on commission. While the shooks remained unsold, and the indebtedness referred to stood unbalanced or unaffected by their proceeds, and on…
2Cases cited1 opinion
- Hogan v. ShorbNew York Supreme Court · 1840
3Cited by6 opinions
- Foreign Trade Banking Corp. v. Gerseta Corp.New York Court of Appeals · 1923
- Faulkner v. SwartNew York Supreme Court · 1889
- Darling-Singer Lumber Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1935
- Syriani v. GebhartCourt of Appeals of Maryland · 1950
- Kent v. De CoppetAppellate Division of the Supreme Court of the State of New York · 1912
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