Theriott v. Bagioli
The Superior Court of New York City
This was an appeal from a judgment recovered by the plaintiffs. The action was brought by Augustus B. Theriott and Chauncey D. Hurd, assignees of John Beck and William Beck, to recover for goods sold to the wife of the defendant, after having been notified not to sell to her on the account of the defendant.
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This was an appeal from a judgment recovered by the plaintiffs. The action was brought by Augustus B. Theriott and Chauncey D. Hurd, assignees of John Beck and William Beck, to recover for goods sold to the wife of the defendant, after having been notified not to sell to her on the account of the defendant. The goods were sold in 1857, and consisted of articles of female apparel, amounting to $228.13. The cause was tried before Mr. Justice Mobcbief and a Jury, on the 19th of March, 1862. Eeed, the plaintiffs’ witness, testified that he presented the bill to the defendant in 1858; that he…
1Opinion of the Court
By the Court—Monell, J.
I think the learned Justice erred, in refusing to charge, as requested in the two propositions submitted by the defendant’s counsel. The defendant, the husband of Mrs. Bagioli, had given notice to the Messrs. Becks not to sell his wife any more goods on his account. Of this there was no dispute. The notice was given before the goods were sold, and the sale was made by the Becks, with full knowledge that the defendant would not be responsible, unless they could obtain a subsequent promise to pay, or be able to make it appear that the articles furnished were necessary and…
2Cases cited1 opinion
- Mott v. ComstockNew York Supreme Court · 1832
3Cited by3 opinions
- Barr v. ArmstrongSupreme Court of Missouri · 1874
- Bulkley v. BoyceNew York Supreme Court · 1888
- Mott v. GrunhutNew York Court of Common Pleas · 1880