McMonnies v. Mackay
New York Supreme Court
APPEAL from a judgment entered .on the report of a referee. The following facts were found by the referee : That the defendants, in April, 1857, agreed with Thomas 'McNair to purchase teas, and sell the same for him, as his commission merchants and factors, on a commission of 2|-per cent for buying, and 2|- per cent for selling with guarí anty.
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APPEAL from a judgment entered .on the report of a referee. The following facts were found by the referee : That the defendants, in April, 1857, agreed with Thomas 'McNair to purchase teas, and sell the same for him, as his commission merchants and factors, on a commission of 2|-per cent for buying, and 2|- per cent for selling with guarí anty. That, in pursuance of that agreement, they purchased on his account, in April, 1857, 3540 half chests of tea, for which they paid $17,998.75 in cash, and $35,876.22 in their notes of various dates, payable at six months,- which (at average time)'…
1Opinion of the Court
By the Court,
Sutherland, P. J.
The two important questions in this case were: 1st. Whether McNair should have been debited with the full amount of the notes given by the defendants, for the teas, or only with the amount paid or secured for such notes by way of compromise. 2d. Whether the pledging of certain parcels of the teas to Wilmerding & Mount, by the defendants, was a wrongful conversion of them to their own use, which released McNair from all liability for the subsequent losses on those parcels. The referee found in favor of the plaintiff on both of these questions,
*565In view of the…
2Cases cited4 opinions
- Pentz v. StantonNew York Supreme Court · 1833
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Beebee v. RobertNew York Supreme Court · 1834
- Hyde v. PaigeNew York Supreme Court · 1850