Ladd v. Arkell
The Superior Court of New York City
The action was to recover the value or proceeds of a quantity of beef. The complaint alleges that the plaintiff was a provision broker and commission merchant, and as such delivered to the defendants the beef in question, the property of one Wood, then in the hands of the plaintiff, for sale, and upon such delivery the plaintiff received from the defendants thirty-eight hundred dollars for the account of said Wood ; and thereupon directed the defendants to sell the beef, and…
Read the full summary
The action was to recover the value or proceeds of a quantity of beef. The complaint alleges that the plaintiff was a provision broker and commission merchant, and as such delivered to the defendants the beef in question, the property of one Wood, then in the hands of the plaintiff, for sale, and upon such delivery the plaintiff received from the defendants thirty-eight hundred dollars for the account of said Wood ; and thereupon directed the defendants to sell the beef, and to account to the plaintiff for the proceeds. That the defendants so received the beef from the plaintiff, and although…
1Opinion of the Court
By the Court.—Monell, Ch. J.
The principal questions in this case were determined by the court upon the former appeal (37 Sup’r Ct. R. 35). It was there held, that a factor can sue in his own name. That the form of the complaint, containing allegations that were appropriate in an action for the conversion of the property, was immaterial, as a recovery in tort or on contract, according as to which was supported by the proof, could be had.
Those questions are, therefore, not open for review. Upon the second trial, the defendants attempted to prove their set-off against the plaintiff, and the *155court…
2Cases cited5 opinions
- Hackley v. DraperNew York Court of Appeals · 1875
- Swanson v. CookeNew York Supreme Court · 1866
- Rice v. Ontario Steamboat Co.New York Supreme Court · 1868
- Schermerhorn v. American Life Insurance & Trust Co.New York Supreme Court · 1852
- Guiteman v. DavisNew York Court of Common Pleas · 1869