Coleman v. Simpson, Hendee & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Simpson, Hendee & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 16th day of February, 1912, upon the verdict of a jury for $1,500, and also from an order entered’in said clerk’s office on the 12th day of March, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Carr, J.:
In 1911 the plaintiff was a dealer in grain at Pawling, N. Y., and as a part of his business he sold oats to farmers for planting purposes. The defendant, a corporation, was engaged in the general business of selling grain at wholesale, generally in carload lots. It had an agent, one Merriam, who went about soliciting orders. In January of that year Merriam called upon the plaintiff and obtained an oral order' for a carload of oats, which order was given by the plaintiff in manner as follows (using his own words): “I asked Mr. Merriam *462to furnish me a car of extreme northern grain…
2Cases cited8 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Van Wyck v. . AllenNew York Court of Appeals · 1877
- Bartlett v. . HoppockNew York Court of Appeals · 1865
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3Cited by4 opinions
- Schaffner v. National Supply Co.West Virginia Supreme Court · 1917
- American Waste Co. v. St. MaryAppellate Division of the Supreme Court of the State of New York · 1924
- Canavan v. City of MechanicvilleAppellate Division of the Supreme Court of the State of New York · 1920
- Coleman v. Simpson, Hendee & Co.Appellate Division of the Supreme Court of the State of New York · 1914