Legal Opinion

Armour v. Gaffey

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 8 opinions

Apbbae by the defendants, Daniel Gaffey and another, from a judgment of the Supreme Court in favor of. the plaintiffs, entered in the office of the clerk of- the county of Albany on the 8th. day of June;. 1897, upon the report of a referee. - The defendants, from the 1st day of January, 1892, to. the 1st day of June, 1895-, sold meats for the plaintiffs on commission at Cohoes, Saratoga Springs and Glens Falls in the State of New York. ' Under the arrangement made the meats…

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Apbbae by the defendants, Daniel Gaffey and another, from a judgment of the Supreme Court in favor of. the plaintiffs, entered in the office of the clerk of- the county of Albany on the 8th. day of June;. 1897, upon the report of a referee. - The defendants, from the 1st day of January, 1892, to. the 1st day of June, 1895-, sold meats for the plaintiffs on commission at Cohoes, Saratoga Springs and Glens Falls in the State of New York. ' Under the arrangement made the meats were to be sold by the • defendantS'-at-4beir»own-riS'k->.at.priees:-tO'->be-fixed by them-and;.the-proceeds thereof,…

1Opinion of the Court

Putnam, J.:

It was. the duty óf the defendants -to lcee'p books containing-a ■ correct account of-the sales of meat consigned..to- them by the plain-. *125tiffs, and the credits and allowances to which they were entitled, which should be subject to the inspection of the plaintiffs. (Keighler et al. v. Savage Mfg. Co., 12 Md. 383.) When the plaintiffs’ agent commenced his investigation, it appears that they did have such books of account, but after Mr. Willetts had compared the amount received from the sales of sixty-seven carloads of meat, as shown bv those books, with the reports, and had…

2Cases cited7 opinions

  1. Bagley v. . SmithNew York Court of Appeals · 1853
  2. Tennant v. . DudleyNew York Court of Appeals · 1895
  3. Keighler v. Savage Manufacturing Co.Court of Appeals of Maryland · 1858
  4. New York & Brooklyn Ferry Co. v. MooreNew York Court of Appeals · 1886
  5. Marvin v. RichmondNew York Supreme Court · 1846

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Bradley v. . McDonaldNew York Court of Appeals · 1916
  2. People Ex Rel. Woronoff v. . MallonNew York Court of Appeals · 1918
  3. Zimmermann v. Roessler & Hasslacher Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1935
  4. Maple Leaf Motor Lodge, Inc. v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
  5. In re the Estate of DoranNew York Surrogate's Court · 1978

3 more not listed; retrieve them via the Exa API.

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