Legal Opinion

Pegram v. Carson

The Superior Court of New York City

Decided April 25, 1863PublishedCited by 9 opinions

This was an appeal by the defendants from a judgment in favor of the plaintiff, and also from an order denying a new trial, entered on the verdict of the Jury. In the year 1857, George Pegram, the plaintiff and respondent, was a produce and grain merchant in St. Louis, Missouri, and the defendants, Joseph Oarson and Hazeltine G. Vickery, were commission merchants and dealers in produce in the City of New York.

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This was an appeal by the defendants from a judgment in favor of the plaintiff, and also from an order denying a new trial, entered on the verdict of the Jury. In the year 1857, George Pegram, the plaintiff and respondent, was a produce and grain merchant in St. Louis, Missouri, and the defendants, Joseph Oarson and Hazeltine G. Vickery, were commission merchants and dealers in produce in the City of New York. In June and July, 1857, the plaintiff shipped to Hew York, consigned to the firm of Starling, McOulloh & Go., of that city, a large quantity of corn, which was received by that firm,…

1Opinion of the Court

By the Court—Robertson, J.

The correspondence between the plaintiff and his agents, (Starling, McOulloh & Co.,) particularly his letter of the 11th of August, directing them “ to sell to the best possible advantage on arrival,” fully establishes their authority to sell; thus giving them at least one of the powers mentioned in the third section *509of the New York factors’ act. (3 R. S., 76, 5th ed. ; N. Y. Sess. Laws of 1830, p. 203.) Whether any private restric tions as to price, time, mode, or any other qualifications of the power affect it under that statute, will, if necessary, be considered…

2Cases cited1 opinion

  1. Stevens v. WilsonCourt for the Trial of Impeachments and Correction of Errors · 1846

3Cited by9 opinions

  1. Howland v. . WoodruffNew York Court of Appeals · 1875
  2. Blydenstein v. New York Security & Trust Co.Court of Appeals for the Second Circuit · 1895
  3. Howland v. WoodruffNew York Court of Appeals · 1875
  4. Rosenbaum v. HayesNorth Dakota Supreme Court · 1901
  5. G. Dewey Sullivan, Inc. v. H. Stern, Inc.City of New York Municipal Court · 1933

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