Collins v. Ralli
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon tlie report of a referee. The- referee found that on or about the 28th day of December, Henry M. Cutter, a member of the firm of H. M. Cutter & Co., cotton brokers, in New York, stated and represented to the plaintiff, who was a dealer in cotton in said city, that his (Cutter’s) said firm had an order from the Freeman Manufacturing Qpnpany, of North Adams, Massachusetts, to purchase for them 100 bales of cotton.
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Appeal from a judgment in favor of the plaintiff, entered upon tlie report of a referee. The- referee found that on or about the 28th day of December, Henry M. Cutter, a member of the firm of H. M. Cutter & Co., cotton brokers, in New York, stated and represented to the plaintiff, who was a dealer in cotton in said city, that his (Cutter’s) said firm had an order from the Freeman Manufacturing Qpnpany, of North Adams, Massachusetts, to purchase for them 100 bales of cotton. The standing and responsibility of said manufacturing company was good, and known to plaintiff so to be. That said H. M.…
1Opinion of the Court
Pratt, J.:
The facts in this case clearly show that Cutter & Co. were guilty of larceny in obtaining the temporary custody of, and appropriating to their own use the cotton in question in this action. They had, by false and fraudulent statements, induced the plaintiffs to believe that they represented and were authorized to purchase this cotton for certain manufacturing companies, and relying upon their representation, the plaintiff sold the same to these manufacturing companies as he supposed through Cutter & Co., as brokers, and so they were allowed to put the cotton aboard their trucks…
2Cases cited15 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Pease v. . SmithNew York Court of Appeals · 1875
- The People v. . Bank of North AmericaNew York Court of Appeals · 1879
- Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
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