Heubach Bros. v. Rother & Mollmann
The Superior Court of New York City
Motion, on behalf of the plaintiff, upon a case to set aside the report of a referee, and the judgment entered thereon at special term, in favor of the defendant.
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Motion, on behalf of the plaintiff, upon a case to set aside the report of a referee, and the judgment entered thereon at special term, in favor of the defendant. A.s the questions that arose, and were decided by the court, turned partly upon the pleadings, it is deemed proper to. set them forth i/n, extenso. ' The following are the complaint, answer, and reply:—• The plaintiffs complain against the defendants, and state, on information and belief, that the plaintiffs, before the eighteenth day of November, 1847, employed the defendants to sell certain goods and merchandise of the plaintiffs,…
1Opinion of the CourtBy the Court. Duer, J.
The general rules of law applicable to this case may be stated in a few words.
When a factor has funds in his hands, belonging to a foreign correspondent, it is his duty, giving early information of the fact, to retain them, subject to the order of his principal, unless he has been previously directed or authorized to remit them. If he undertake to remit, when no such direction or authority has been given, the remittance is at his own risk; and consequently, when it is made by a bill of exchange, it is only the actual payment of the bill that can discharge him from his liability. On the other…
2Cases cited4 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- New-York State Bank v. FletcherNew York Supreme Court · 1830
- Van Eps v. DillayeNew York Supreme Court · 1849
- Stone v. HayesCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by2 opinions
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Deck v. WorksNew York Supreme Court · 1879