Bassett v. Lederer
New York Supreme Court
Appeal from a judgment entered upon a verdict, and also from an order denying a motion for a new trial, made on the minutes. The action was brought by Francis Bassett, Jr., against Samuel M. Lederer, to recover the price of certain goods claimed to be sold by plaintiff to defendant.
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Appeal from a judgment entered upon a verdict, and also from an order denying a motion for a new trial, made on the minutes. The action was brought by Francis Bassett, Jr., against Samuel M. Lederer, to recover the price of certain goods claimed to be sold by plaintiff to defendant. The sale was made through one "West-brook, a broker, and defendant claimed to have purchased such goods of Westbrook as principal, and to have paid Westbrook for them, acting in good faith and without knowledge of plaintiff’s claim. Such other facts as are material appear in the opinion.
1Opinion of the CourtDaniels, J.
As the plaintiff has appealed from both the judgment and the order denying his motion for a new trial, all the questions presented by the case, as well as the exceptions taken, are *672properly before the court. If, upon any ground, the plaintiff was improperly defeated in the action, a new trial must, therefore, be directed in his favor.
The action was brought to recover the price of goods sold and delivered by the plaintiff to the defendant. The sale was made through the intervention of an agent, acting as a broker. The uncontroverted evidence, given upon the trial, tended to show that the…
2Cases cited14 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Barnard v. KelloggSupreme Court of the United States · 1871
- Walls v. . BaileyNew York Court of Appeals · 1872
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Ballard v. . BurgettNew York Court of Appeals · 1869
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