Clapp v. Rogers
New York Court of Appeals
Action in the New-York common pleas against Platt Rogers, Hiram Rogers and Thomas Rogers, to recover of them eleven hundred and seventy-five dollars and forty-two cents, for goods sold and delivered by the plaintiffs to the firm of Rogers & Co., at different times between the 2-5th of January, 1849, and April, 1850. On the trial it appeared on the part of the plaintiffs, that since, prior to 1847, they had been engaged in business as copartners in the city of New-York.
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Action in the New-York common pleas against Platt Rogers, Hiram Rogers and Thomas Rogers, to recover of them eleven hundred and seventy-five dollars and forty-two cents, for goods sold and delivered by the plaintiffs to the firm of Rogers & Co., at different times between the 2-5th of January, 1849, and April, 1850. On the trial it appeared on the part of the plaintiffs, that since, prior to 1847, they had been engaged in business as copartners in the city of New-York. That on the 13th of November, 1847, they sold and delivered to the firm of Rogers & Co. dry goods amounting to $11.03, which…
1Opinion of the CourtDenio, J.
The only question in this case arises upon the exception to the charge of the judge to the jury. He instructed them “ that if the plaintiffs sold goods to Rogers & Co. before the dissolution, and delivered the goods to them to be paid for afterwards, though no term of credit was fixed, and the defendants did not in fact pay for them in some months afterwards, such a transaction made the plaintiffs dealers with Rogers & Co., so as to entitle them to notice of the retirement of Platt Rogers.”
The only dealings between the parties prior to the retirement of the defendant, Platt Rogers, were the…
2Cases cited5 opinions
- Vernon v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1839
- Conro v. Port Henry Iron Co.New York Supreme Court · 1851
- Graves v. MerryNew York Supreme Court · 1827
- Wardwell v. HaightNew York Supreme Court · 1848
- Kelley v.HurlburtNew York Supreme Court · 1826