Barber v. . Sterling
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee.
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Appeal from judgment of the G-eneral Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee. The complaint in this action alleged in substance, that the parties entered into a contract — which was annexed — in pursuance of which, defendant, as the agent of plaintiff, manufactured and sold a quantity of iron, but failed to account to plaintiff therefor and converted the same to his own use in violation of the provisions of said agreement. It asked that defendant be required to account, and for judgment for…
1Opinion of the CourtMiller, J.
Under the agreement between the plaintiff, defendant and Elizabeth Sterling, the defendant was to act as the agent of the plaintiff in the repair of the furnace and manufacture of iron which was provided for.
The complaint alleges that he had charge mainly of the sales of iron as well as the manufacture thereof; that he sold and disposed of large quantities thereof, and failed to pay the plaintiff or account to him therefor, but converted the same to his own use, in violation of the provisions of said agreement.
The proof shows and the referee has found, that the defendant sold and disposed of…
2Cases cited4 opinions
- Duguid v. EdwardsNew York Supreme Court · 1867
- Lemcke v. BoothSupreme Court of Missouri · 1871
- Roberts v. . ProsserNew York Court of Appeals · 1873
- Whitaker v. ChapmanNew York Supreme Court · 1870
3Cited by3 opinions
- Inge v. StillwellSupreme Court of Kansas · 1912
- Lemnos Broad Silk Works, Inc. v. SpiegelbergNew York Supreme Court · 1926
- Hardenbrook v. ColsonNew York Supreme Court · 1881