Westcott v. . Fargo
New York Court of Appeals
1 Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 6 Lans., 319 ; 63 Barb., 349.) The action was brought to recover of the defendant, as , president of the American Merchants’ Union Express company (of which company the plaintiff Westcott was a stockholder), the value of a package of furs.
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1 Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 6 Lans., 319 ; 63 Barb., 349.) The action was brought to recover of the defendant, as , president of the American Merchants’ Union Express company (of which company the plaintiff Westcott was a stockholder), the value of a package of furs. The furs had been sent by the plaintiffs, from Utica, to one J. Ruszits, in the city of Hew York, to be dressed. Having been dressed by him, they were packed…
1Opinion of the Court
Dwight, C.
The defendant presents some preliminary reasons why it is not liable to the plaintiff. These will be considered before discussing the case upon its merits.
It is urged that, as the plaintiff is a joint associate with other members in the American Merchants’ Union Express Company, he cannot maintain this action upon a contract made by the association with himself. It is claimed to be in the nature of an action at law by plaintiff against himself,-with others as defendants, and similar to an action by a partner against the partnership, which could only be brought in equity for an…
2Cases cited4 opinions
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- Magnin v. . DinsmoreNew York Court of Appeals · 1874
- Southern Express Co. v. CapertonSupreme Court of Alabama · 1870
- Adams Express Co. v. ReaganIndiana Supreme Court · 1867
3Cited by68 opinions
- Calderon v. Atlas Steamship Co.Supreme Court of the United States · 1898
- Missouri Pacific Railway Co. v. HarrisTexas Supreme Court · 1886
- Jennings v. Grand Trunk RailwayNew York Court of Appeals · 1891
- Edgeworth v. WoodSupreme Court of New Jersey · 1896
- The WestminsterCourt of Appeals for the Third Circuit · 1904
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