Wolff v. Koppel
New York Supreme Court
On error from the supreme court. Koppel sued Wolff & Henricks in the New-York C. P. in assumpsit for the price of certain goods sold by the defendants as the plaintiff’s factors under an agreement, as alleged,, to guaranty the sales. The question upon the trial was whether the defendants acted under a del credere commission or not.
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On error from the supreme court. Koppel sued Wolff & Henricks in the New-York C. P. in assumpsit for the price of certain goods sold by the defendants as the plaintiff’s factors under an agreement, as alleged,, to guaranty the sales. The question upon the trial was whether the defendants acted under a del credere commission or not. The plaintiff produced the account of sales rendered by the defendants, in which a commission of five per cent, was charged, and much of the evidence related to the question whether the amount charged for commissions afforded evidence of an agreement to guaranty…
1Opinion of the Court
Porter, Senator.
This writ of error seems to have been brought to determine whether the agreement of a factor to guaranty the sales made by him is a contract within the statute of frauds, requiring an agreement in writing to prove its existence. This necessarily involves an inquiry into the nature of the contract which the factor makes in such a case. The plaintiff insists that one acting under a del credere commission is a guarantor or surety for the debt which the purchaser of the goods contracts; while the defendants, on the other hand, maintain that the factor contracts an original…
2Cases cited1 opinion
- Thompson v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1823
3Cited by11 opinions
- The Cherokee TobaccoSupreme Court of the United States · 1871
- Balderston v. National Rubber Co.Supreme Court of Rhode Island · 1893
- Lewis v. BrehmeCourt of Appeals of Maryland · 1871
- Sherwood v. . StoneNew York Court of Appeals · 1856
- Pugh v. Porter Bros. Co.California Supreme Court · 1897
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