Nester v. Craig
New York Supreme Court
Appeal from circuit court, Ontario county. Action by Samuel K. Nester against Thomas C. Craig, impleaded, etc. From a judgment dismissing the complaint, entered on the direction of a nonsuit, and from an order denying a motion for a new trial on the minutes, plaintiff appeals.
1Opinion of the CourtDwight, P. J.
The action was for damages by the failure of ■ the defendants to perform an executory contract for the sale to the plaintiff of a large quantity of barley. The plaintiff was a maltster at Geneva, N. Y., and the defendants composed the firm of Gillett & Hall, grain dealers, at Detroit, Mich. The contract of sale was made by one I. Blumenthal, a barley broker, assuming to act as agent for the defendants. His authority was derived solely from the following letter and telegram:
“Gillett & Hall, Grain Commission Merchants.
“Detroit, Sept. 27th, 1890.
“Mr. I. Blumenthal, Rochester, N. Y.—Dear Sir: We…
2Cases cited3 opinions
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Edwards v. . DooleyNew York Court of Appeals · 1890
- Michael v. EleyNew York Supreme Court · 1891
3Cited by6 opinions
- Molloy v. Whitehall Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Clasp Envelope Co. v. Trusilk Co.Louisiana Court of Appeal · 1927
- Lippincot v. East River Mill & Lumber Co.City of New York Municipal Court · 1913
- Miner v. Edison Electric Illuminating Co.City of New York Municipal Court · 1898
- Reis v. Drug & Chemical ClubAppellate Terms of the Supreme Court of New York · 1907
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