Lewis v. Greider
New York Supreme Court
APPEAL by the defendant, from a judgment entered upon the report of a referee. • The action was brought by the plaintiffs against the defendant and Samuel E. Bear, as copartners in business, to recover of them damages for their breach of a contract to buy of the plaintiffs a quantity of barley? It was begun by the publication of summons and by attachment, the defendants being non-residents of this state, • and the defendants appeared in the action by attorney.
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APPEAL by the defendant, from a judgment entered upon the report of a referee. • The action was brought by the plaintiffs against the defendant and Samuel E. Bear, as copartners in business, to recover of them damages for their breach of a contract to buy of the plaintiffs a quantity of barley? It was begun by the publication of summons and by attachment, the defendants being non-residents of this state, • and the defendants appeared in the action by attorney. The issues formed by the pleadings in the action, were on the 13 th of November, 1865, at the Ontario circuit, referred to the Hon.…
1Opinion of the Court
By the Court, Johnson, J.
Upon the facts found by the referee Coryell was not a partner with the plaintiffs, in the barley purchased by him for them. He was their agent merely, depending for the measure of his compensation upon the amount of profits realized by the plaintiffs from the transaction. (3 Kents Com. 33.) Even if he was interested in the amount which might be recovered in the action, he was not necessarily a party, not being part owner of the article sold. The contract was properly between the plaintiffs and the *638defendants, and although Coryell was, in a certain sense, beneficially…
2Cases cited1 opinion
- Pollen v. . Le RoyNew York Court of Appeals · 1864
3Cited by11 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Cuthill v. PeabodyCalifornia Court of Appeal · 1912
- Green v. AnsleySupreme Court of Georgia · 1893
- Passaic Manufacturing Co. v. HoffmanNew York Court of Common Pleas · 1871
- North Georgia Milling Co. v. Henderson Elevator Co.Supreme Court of Georgia · 1908
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