Baldwin v. . Burrows
New York Court of Appeals
Appeal from a judgment of the Supreme Court at General Term in the second district, affirming a judgment entered on the verdict of a jury at circuit, in favor of the plaintiffs, for $14,394.45. ° The action was brought to recover a balance of advances made by the plaintiffs upon various lots of cotton delivered to them by F. B. Blanchard & Co., to be shipped to England for sale.
Read the full summary
Appeal from a judgment of the Supreme Court at General Term in the second district, affirming a judgment entered on the verdict of a jury at circuit, in favor of the plaintiffs, for $14,394.45. ° The action was brought to recover a balance of advances made by the plaintiffs upon various lots of cotton delivered to them by F. B. Blanchard & Co., to be shipped to England for sale. The sums advanced were paid by the plaintiffs to F. B. Blanchard & Co., on the representation of Francis B. Blanchard, of that firm, that the cotton was part of about 1,000 bales owned by F. B. Blanchard, B. S.…
1Opinion of the CourtRapallo, J.
Three distinct grounds of liability on the part of the defendants were submitted to the consideration of the jury. 1st. That of a copartnership resulting from the purposes for which the cotton was purchased. 2d. That of express authority to Blanchard from his co-owners to obtain the advances. 3d. That of a subsequent ratification by the defendants of the acts of Blanchard. The verdict being general, it is impossible to determine upon which of these three grounds the jury based their verdict, and consequently if it shall be found that either of them was improperly sub mitted to the jury, the…
2Cases cited7 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Green v. GravesMichigan Supreme Court · 1844
- Smith v. . TracyNew York Court of Appeals · 1867
- Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
- Palmerton v. HuxfordNew York Supreme Court · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Harriss v. TamsNew York Court of Appeals · 1932
- Smith v. . KiddNew York Court of Appeals · 1877
- Deyo v. . HudsonNew York Court of Appeals · 1919
- Wheeler v. Northwestern Sleigh Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1889
- Central City Savings Bank v. . WalkerNew York Court of Appeals · 1876
39 more not listed; retrieve them via the Exa API.