Hilton v. . Vanderbilt
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New .York, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought by plaintiffs as members of the firm of A. T. Stewart & Co., to recover a balance alleged to be due that firm on account for advances made by it to the late firm of B. Underhill & Co., of which firm defendants were the members.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New .York, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought by plaintiffs as members of the firm of A. T. Stewart & Co., to recover a balance alleged to be due that firm on account for advances made by it to the late firm of B. Underhill & Co., of which firm defendants were the members. Defendant Vanderbilt alone appeared and defended. It appeared that in 1870 the two firms entered into an agreement by which Underhill & Co., who…
1Opinion of the CourtMiller, J.
It is a well-settled rule, that while a factor to whom goods are sent for sale, without instructions as to the terms of the sale, is at liberty to sell at such time and upon such terms as he may deem proper in the exercise of a sound discretion, yet he is bound to obey the subsequent instructions of his principal as to the sale, although he has made advances, unless the principal, after reasonable notice, fail to pay such advances. (Marfield v. Goodhue, 3 N. Y. 62.) So long as the firm of Underhill & Go. was doing business, either member of that film was authorized to give instructions as to…
2Cases cited4 opinions
- Robbins v. . FullerNew York Court of Appeals · 1862
- Gram v. CadwellNew York Supreme Court · 1826
- Napier v. McLeodNew York Supreme Court · 1832
- Marfield v. . GoodhueNew York Court of Appeals · 1849
3Cited by3 opinions
- M. M. Walker Co. v. Dubuque Fruit & Produce Co.Supreme Court of Iowa · 1901
- Burhans v. BurhansNew York Supreme Court · 1888
- Casson v. FieldThe Superior Court of New York City · 1885