Kayton v. . Barnett
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, entered upon an order made December 2, 1886, which denied a motion for a new trial and directed judgment in favor of defendants, entered upon an order nonsuiting plaintiffs on trial. This action was brought to recover a balance of the purchase-price alleged to be due for certain property sold by plaintiffs to defendants.
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Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, entered upon an order made December 2, 1886, which denied a motion for a new trial and directed judgment in favor of defendants, entered upon an order nonsuiting plaintiffs on trial. This action was brought to recover a balance of the purchase-price alleged to be due for certain property sold by plaintiffs to defendants. On the 17th day of ¡March, 1881, thé plaintiffs sold and delivered to William B. Bishop several machines, and assigned to him certain letters-patent for the agreed price of $4,500. Bishop…
1Opinion of the Court
Follett, Ch. J.
When goods are sold on credit to a person whom the vendor believes to be the purchaser, and he after-wards discovers that the person credited bought as agent for another, the vendor has a cause of action against the principal for the purchase-price. The defendants concede the existence of this general rule, but assert that it is not applicable to this case, because, while Bishop and the plaintiffs were negotiating, they stated they would not sell the property to the defendants, and Bishop assured them he was buying for himself and not for them. It appears by evidence, which is…
2Cited by16 opinions
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- Manatee Loan & Mortgage Co. v. Manley's EstateSupreme Court of Vermont · 1934
- Garrett v. McAllister & Royal Securities Corp.New York Supreme Court · 1930
- Hart v. Page Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1919
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