Evans v. . Root
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the seventh district, where a judgment of nonsuit, entered at the circuit, had been affirmed, and a motion for a new trial denied. This was an action of assumpsit against a factor, for disobeying the instructions of his principal, in the sale of two boat-loads of flour.
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Appeal from the general term of the Supreme Court, in the seventh district, where a judgment of nonsuit, entered at the circuit, had been affirmed, and a motion for a new trial denied. This was an action of assumpsit against a factor, for disobeying the instructions of his principal, in the sale of two boat-loads of flour. In 1847, the plaintiff shipped from Lockport, to the defendant, a commission-merchant in Albany, two. cargoes of flour, containing in all 608 barrels, with instructions to sell “ on arrival.” The first cargo arrived on thé\21st June; the second, on the 9th July 1847. The…
1Opinion of the CourtGridley, J.
The plaintiff brought his action against the defendant, in the supreme court, to recover damages for a disobedience of instructions concerning the sale of two boat-loads of flour, shipped to the defendant in the months of June and July 1847. The instructions were “ to sell on arrival,” and it was for the loss occasioned by a failure to comply with this direction, that the appellant brought his action. There is no doubt, that *these instructions were received and understood by the defendant. In answer to a letter of the ^ plaintiff, dated the 20th August 1847, alleging that he had desired the…
2Cases cited3 opinions
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- Courcier v. RitterU.S. Circuit Court for the District of Eastern Pennsylvania · 1825
- Bell v. PalmerNew York Supreme Court · 1826
3Cited by1 opinion
- Fordyce v. PeperUnited States Circuit Court · 1883