Meeker v. . Claghorn
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the first district, affirming a judgment in favor of the plaintiff, entered upon the report of a referee.
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Appeal from an order of the General Term of the Supreme Court in the first district, affirming a judgment in favor of the plaintiff, entered upon the report of a referee. This is an action by the plaintiff, as assignee of J. B. & W. W. Cornell, to recover of the defendants, who were co-partners living at Savannah, in the State of Georgia, for a balance due upon a bill of iron work and cut stone, claimed to have been furnished to the defendants in 1857. The articles were furnished for a building which the defendants were then erecting in Savannah, upon the order of their architect, Charles…
1Opinion of the Court
Earl, C.
The principles of law applicable to this case are elementary and undisputed. If the defendants were known to be the principals in the transaction, and Shall only their agent, then they are alone responsible, unless credit was given exclusively to the agent, in which event the agent alone was responsible. If, however, the defendants were not known to be the principals, and credit was at the time given to Shall, who was in fact an undisclosed agent, then the vendors could hold for payment, at their election, either the agent or the principals. If Shall was not in fact the agent of the…
2Cases cited1 opinion
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