Lawrence v. Gallagher
The Superior Court of New York City
Exceptions ordered to be heard in first instance at general term, after dismissal of complaint. The complaint averred, that the defendants bought of the plaintiffs one-eighth undivided share of, or interest in, cargoes of fruit, on board of vessels called Unione and Alaska, then at sea, for a price agreed upon; that, at the time of the sale, it was agreed that the fruit on arrival, should be entirely under the control of the plaintiffs and be sold by them, at public auction…
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Exceptions ordered to be heard in first instance at general term, after dismissal of complaint. The complaint averred, that the defendants bought of the plaintiffs one-eighth undivided share of, or interest in, cargoes of fruit, on board of vessels called Unione and Alaska, then at sea, for a price agreed upon; that, at the time of the sale, it was agreed that the fruit on arrival, should be entirely under the control of the plaintiffs and be sold by them, at public auction or private sale, at their option, and one-eighth of the profits should be paid to defendants and one-eighth of the loss…
1Opinion of the Court
By the Court.—Sedgwick, J.
There is no doubt that a broker, employed orally to sell or to buy, receives thereby implied authority to bind his employer, by making a written contract, of the kind designated by the employment. If the broker have received similar authority from the other party he may make the written contract for both (Story on Agency, §§ 28, 58, 60 ; Smith’s Merc. Law, 3 Am. Ed. p. 620 ; Hadoch Stow, 40 N. Y. 368; Bush v. Cole, 28 N. Y., 269 ; Pringle v. Spaulding, 53 Barb. 21; Dyken Townsend, 24 N. Y. 59. In Hadoch v. Stow Judge Hunt said that Coleman v. Carrigues, 18 Barb. 60,…
2Cases cited15 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Justice v. . LangNew York Court of Appeals · 1870
- Dykers v. . TownsendNew York Court of Appeals · 1861
- Baldwin v. . BurrowsNew York Court of Appeals · 1872
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