Palmer v. Bagg
New York Supreme Court
APPEAL, by the plaintiffs, from a judgment entered upon the report of a referee, dismissing the complaint, with costs. The action was brought on a contract of guarantee, in the form of a penal bond signed by Frederick H. Fanning and the defendant, Moses M. Bagg, containing the following conditions: “Whereas, the said Chauncey Palmer and Cyrus F. Palmer [the plaintiffs] have this day constituted and appointed the'said Frederick H. Fanning their general •agent to take, sell…
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APPEAL, by the plaintiffs, from a judgment entered upon the report of a referee, dismissing the complaint, with costs. The action was brought on a contract of guarantee, in the form of a penal bond signed by Frederick H. Fanning and the defendant, Moses M. Bagg, containing the following conditions: “Whereas, the said Chauncey Palmer and Cyrus F. Palmer [the plaintiffs] have this day constituted and appointed the'said Frederick H. Fanning their general •agent to take, sell and dispose of their sewing machines in their several varieties, (usually known as the Utica Sewing Machine,) in all or…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The referee, I think, in this case erred in dismissing the complaint. By the written power of attorney given in evidence, the plaintiffs appointed the defendant Fanning their true and lawful agent and attorney to vend and sell the *635sewing machine, of which they had the patent, for them in all and every part or parts of the United States, except California, at snch prices as he should deem judicious and expedient. The plaintiffs were to deliver to him, for that purpose, such machines in good order, ready for sale, from time to time, as he should call for them.…
2Cited by2 opinions
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