Cartwright v. Greene
New York Supreme Court
THE plaintiffs were merchants in the city of Hew York ; the defendants commission merchants and warehouse men in the city of San Francisco.
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THE plaintiffs were merchants in the city of Hew York ; the defendants commission merchants and warehouse men in the city of San Francisco. Mr. H. H. King, who was also in mercantile business in the city of Hew York, was accustomed, as well as the plaintiffs on their own account, to make shipments for sale on commission to the defendants’ house, which, about the date of the consignment in question, agreed with.him to make the single charge of seven and one half per cent for their services, to cover commissions, guaranty, storage, &c.; such articles as cement and the like excepted. On the 1st…
1Opinion of the Court
By the Court, Sutherland, J.
The question presented by the refusal to comply with the first request to charge the *16jury, is as to the nature of the contract between a factor and his principal, when acting or selling under a del credere commission.
It being conceded, in this case, that the defendants were acting under a del credere ■ commission, the court was asked to charge that the plaintiffs could not recover without showing that they had had recourse to Taggard & Co.; that is, without showing that they had endeavored to collect the money of Taggard & Co., tó whom-the plaintiffs alleged the…
2Cases cited5 opinions
- Scofield v. DayNew York Supreme Court · 1822
- Fanning v. ConsequaCourt for the Trial of Impeachments and Correction of Errors · 1820
- Wolff v. KoppelNew York Supreme Court · 1845
- Sherwood v. . StoneNew York Court of Appeals · 1856
- Milliken v. ByerlyNew York Supreme Court · 1851
3Cited by4 opinions
- Sharp v. AllgoodSupreme Court of Alabama · 1893
- Pugh v. Porter Bros. Co.California Supreme Court · 1897
- Shoyer v. Edmund Wright-Ginsberg Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Thompson v. WardNew York Supreme Court · 1900