Briggs v. . Sizer
New York Court of Appeals
The plaintiffs are partners in the business of raising garden seeds at Rochester, in this state, and the defendant is engaged in the same business at New Lebanon, in Columbia county. J. Rapelje & Co. were partners, carrying on e same business at Rochester.
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The plaintiffs are partners in the business of raising garden seeds at Rochester, in this state, and the defendant is engaged in the same business at New Lebanon, in Columbia county. J. Rapelje & Co. were partners, carrying on e same business at Rochester. In September, 1855, the defendant was at Rochester, and, while there, entered into an arrangement with Rapelje & Co. to exchange with them garden seedsraised by him for garden seeds raised by them, and each delivered to the other a schedule containing the kinds and quantities which each desired to receive. It would seem that prices were…
1Opinion of the CourtMullin, J.
If there was an agreement entered into by the defendant to deliver 500 pounds or any other quantity of carrot seed, that agreement was with Rapelje & Co., and not with the plaintiffs, unless the defendant accepted the order drawn by R. & Co., in favor of the plaintiffs. It was the acceptance, and the acceptance alone, that gave the plaintiffs a right of action. The original agreement has never been transferred to the plaintiffs. The right of action for its breach passed to the assignee of R. & Co., by the assignment for the benefit of their creditors, or remains in them.
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2Cases cited1 opinion
- Alvord v. BakerNew York Supreme Court · 1832
3Cited by7 opinions
- Anderson v. . ReadNew York Court of Appeals · 1887
- Guyan Coal & Coke Co. v. Wholesale Coal Co.Michigan Supreme Court · 1924
- Howells v. StroockAppellate Division of the Supreme Court of the State of New York · 1900
- Howells v. StroockNew York Supreme Court · 1900
- Anderson v. . ReadNew York Court of Appeals · 1887
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