Field v. Syms
The Superior Court of New York City
In their complaint, the plaintiffs describe themselves as commission merchants “ in England and the United States/” doing business under the firm name of Field, Ibbotson & Co. They state that the defendants employed them, for a commission, to purchase “not to exceed 100 guns’ in England, to be' shipped to the defendants in New York, not later than the 15th of January, 1859; and that they executed the order by purchasing and paying for ninety-four guns, and shipping them as…
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In their complaint, the plaintiffs describe themselves as commission merchants “ in England and the United States/” doing business under the firm name of Field, Ibbotson & Co. They state that the defendants employed them, for a commission, to purchase “not to exceed 100 guns’ in England, to be' shipped to the defendants in New York, not later than the 15th of January, 1859; and that they executed the order by purchasing and paying for ninety-four guns, and shipping them as directed in December, 1858; and that the “ purchase price,” expenses, and commissions thereon amounted to $599.28, “…
1Opinion of the CourtMoncrief, J.
The testimony being closed, if for any reason or ground upon which the motion to dismiss the complaint could have been made or properly granted, it was error to deny the application^ which appears to have been in general terms. The court had the right to call upon the defendants to state the ground upon which it was claimed; but whether stated or not, if the reasons for granting it are sufficient in law, the *38refusal as a general rule, must be held to be' erroneous, and the exceptions well taken.
The action is for goods ordered by the defendants to be purchased by the plaintiffs, who were'…
2Cases cited6 opinions
- Belknap v. . SealeyNew York Court of Appeals · 1856
- Walter v. . BennettNew York Court of Appeals · 1857
- Belknap v. SealeyThe Superior Court of New York City · 1853
- Hight v. RipleySupreme Judicial Court of Maine · 1841
- Gasper v. AdamsNew York Supreme Court · 1858
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