Knowlton v. Pierce

By the court, Mullin, P. J.

The plaintiffs, sixteen in number, supplied milk to a cheese factory in Cattaraugus county, and each received of the proceeds of the cheese in proportion to the quantity of milk furnished.

The defendant, Pierce was appointed agent to sell the cheese subject to the approval of the defendants, Allen and Rice.

The plaintiffs brought this action against Pierce, to recover ' damages for the negligence of .said Pierce, in selling said cheese, whereby the plaintiffs lost $1,000.

The defense was a general denial, and a defect of parties plaintiff and defendant.

On the trial,…