Legal Opinion
Dwight v. Badgley
New York Supreme Court
Decided January 12, 1894Published
Appeal from circuit court, New York county. Action by John H. Dwight and another against Howard G. Badgley. From a judgment entered on a verdict directed by the court, and from an order denying a motion for a new trial, defendant appeals. Reversed.
1Opinion of the CourtFollett, J.
Hedge, the plaintiffs’ principal witness, and with whom the defendant had his transactions, was the New York agent of the plaintiffs. He testified:
“In these transactions I was associated with Dwight and Gillette as broker, and I received my commissions from them; and in each one of these transactions I was paid my commissions by Dwight and Gillette, the plaintiffs.”
The defendant testified;
“Q. What was your intention in regard to these transactions, and to the delivery of this wheat, and the purchase and sale of it; at the time you made these transactions? A. My intention was entirely to buy…
2Cases cited1 opinion
- Kenyon v. LutherNew York Supreme Court · 1888