Hankins v. . Baker
New York Court of Appeals
Appeal from judgment entered upon order of the General Term of the Superior Court of the city of New York, overruling defendants’ exceptions and directing judgment for plaintiffs upon verdict. On the 22d August, 1868, Josiah Eich, Jr., a broker, who had received orders from plaintiffs to sell ten casks of prunes, offered them to defendant, for fourteen and seven-eighths cents per pound (currency), thirty days time. Defendants orally agreed to take them.
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Appeal from judgment entered upon order of the General Term of the Superior Court of the city of New York, overruling defendants’ exceptions and directing judgment for plaintiffs upon verdict. On the 22d August, 1868, Josiah Eich, Jr., a broker, who had received orders from plaintiffs to sell ten casks of prunes, offered them to defendant, for fourteen and seven-eighths cents per pound (currency), thirty days time. Defendants orally agreed to take them. Eich thereupon gave notice to plaintiffs of the sale, and executed and delivered to them the following broker’s contract or bought note: “New…
1Opinion of the CourtForger, J.
If it be conceded as it must, that the defendants did not in person sign any note or memorandum of the contract, and if it be further conceded that Eich was not an agent of the defendants when he signed the bought note, and that unless he was their agent by authority or adoption, they would not be bound thereby, there yet remains the question whether they did not afterward ratify his acts and so make them their own and thus become bound.
It appears in the testimony that Eich was a broker for the sale of this kind of goods, and was known to the defendants as such; that he had offered to the…
2Cases cited1 opinion
- Olney v. BaconNew York Supreme Court · 1805
3Cited by4 opinions
- United States Express Co. v. RawsonIndiana Supreme Court · 1886
- Phipard v. PhipardNew York Supreme Court · 1890
- Drucklieb v. Universal Tobacco Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Parker v. BaxterNew York Supreme Court · 1879