Darnall v. . Morehouse
New York Court of Appeals
Appeal from a judgment entered upon the decision of the ■ General Term of the Superior Court of Buffalo, on a case containing exceptions directed to be heard in the first instance at a General Term. On the 28th of October, 1867, the defendant purchased of W. Johnson a herd of cattle, supposing Johnson to be the principal. He was, however, in fact, the agent of the plaintiff and others. The sale of the cattle was for cash on delivery.
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Appeal from a judgment entered upon the decision of the ■ General Term of the Superior Court of Buffalo, on a case containing exceptions directed to be heard in the first instance at a General Term. On the 28th of October, 1867, the defendant purchased of W. Johnson a herd of cattle, supposing Johnson to be the principal. He was, however, in fact, the agent of the plaintiff and others. The sale of the cattle was for cash on delivery. The price was agreed upon and the cattle were weighed and delivered. About two hours after the delivery, the defendant Homer A. Morehouse, took Mr. Johnson, who…
1Opinion of the CourtGrover, J.
The exception to the refusal of the court to nonsuit the plaintiff was well taken. One ground upon which this motion was made, was that the plaintiff was guilty of laches in presenting the draft. It is clear that his right of recovery was barred for that reason, unless such laches was excused by the agreement of the defendant Morehouse that the draft might be taken to Indiana and forwarded from thence for collection. The draft was drawn, indorsed by Morehouse, and delivered to the plaintiff, at Buffalo, on the 28th of October, upon Messrs. Fisk & Hatch, Hew York, payable at- sight. It was…
2Cases cited1 opinion
- Monroe v. HoffNew York Supreme Court · 1848
3Cited by3 opinions
- Muller v. Mayor of New YorkNew York Court of Appeals · 1875
- Holdsworth v. De BelaunzaranNew York Supreme Court · 1885
- Smith v. RyanThe Superior Court of New York City · 1875