Blot v. Boiceau & Rusch
New York Court of Appeals
Appeal from the superior court of the city of New-York, where the action was assumpsit, brought by Blot against Boiceau and Rusch, tried before Oakley, Ch, J. of that court, in October, 1847. The plaintiff, a manufacturer at Amiens in France, in June and July, 1844, consigned to the defendants, who were commission merchants in New-York, goods for sale, invoiced, in the aggregate, at 10,908,82 francs.
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Appeal from the superior court of the city of New-York, where the action was assumpsit, brought by Blot against Boiceau and Rusch, tried before Oakley, Ch, J. of that court, in October, 1847. The plaintiff, a manufacturer at Amiens in France, in June and July, 1844, consigned to the defendants, who were commission merchants in New-York, goods for sale, invoiced, in the aggregate, at 10,908,82 francs. The consignments were accompanied with instructions not to sell at less than the invoice prices, adding thereto freight, commissions, and other expenses. In August and September, after receiving…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The letters from the plaintiff to the defendants, containing invoices of the goods in controversy and instructions in relation to their sale, were received before the defendants made any advances of money on the goods. The goods must therefore be considered as received and held by the consignees subject to such instructions. (Brown v. McGran, 14 Wheat. 495.) The goods had not then arrived, and the advances were made upon the invoice prices, before the quality…
2Cited by8 opinions
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- Mooney v. MusserIndiana Supreme Court · 1873
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