Dows v. Greene
New York Supreme Court
This action was brought to recover the possession of 2565 bushels of corn. It was tried at the Albany circuit, in October, 1849, before Mr. Justice Hand. The plaintiffs were commission merchants, doing business in the city of New-York. One of them, being in Rochester, early in August, 1848, agreed with one Mack to advance to him upon certain corn which Mack represented he was about purchasing in Buffalo, 38 cents per bushel.
Read the full summary
This action was brought to recover the possession of 2565 bushels of corn. It was tried at the Albany circuit, in October, 1849, before Mr. Justice Hand. The plaintiffs were commission merchants, doing business in the city of New-York. One of them, being in Rochester, early in August, 1848, agreed with one Mack to advance to him upon certain corn which Mack represented he was about purchasing in Buffalo, 38 cents per bushel. Upon the production of shipping bills for the corn to the plaintiffs’ agent at Rochester, he was to indorse Mack’s drafts upon the plaintiffs for the amount of the…
1Opinion of the Court
By the Court, Harris, J.
The judge at the circuit, very properly told the jury that the material question in the case was, “ whether Walker had power to sign the papers he gave to Bloss.” I think he might have gone farther and said that this was the only question for their decision. The principles of law applicable to that question were also well stated by the learned judge. He instructed the jury that, to justify them in finding such authority, it was not necessary that the plaintiffs should show an express power, but that it would be sufficient, if Walker had before done such acts, or…
2Cases cited1 opinion
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
3Cited by5 opinions
- Dows v. . GreeneNew York Court of Appeals · 1862
- Dows v. RushNew York Supreme Court · 1858
- Dows v. GreeneNew York Supreme Court · 1860
- Rawls v. DeshlerNew York Court of Appeals · 1867
- H. H. Mears Son v. WaplesSuperior Court of Delaware · 1868