Clarkson v. Carter
New York Supreme Court
Assu.kTsit brought for a refusal by the defendant to receive and pay for 300 barrels of flour sold to him by the pUintiff The cause was heard before three referees, September Mth, 1823, who reported for the plaintiff $512,29 , damages. j(, was proved before the referees that oné Blood, a bro-1 ker,on the 2oth October, 1821, sold to the defendant, at Nt w-300 barrels of Petersburgh flour, for the account of the plaintiff, at $8 per barrel, of which he made a memorandum.
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Assu.kTsit brought for a refusal by the defendant to receive and pay for 300 barrels of flour sold to him by the pUintiff The cause was heard before three referees, September Mth, 1823, who reported for the plaintiff $512,29 , damages. j(, was proved before the referees that oné Blood, a bro-1 ker,on the 2oth October, 1821, sold to the defendant, at Nt w-300 barrels of Petersburgh flour, for the account of the plaintiff, at $8 per barrel, of which he made a memorandum. The flour had not arrived at the time of the sale,' but was daily expected. $8 was then the fair market price, - J 1 . .…
1Opinion of the Court
Curia,
per Savage, Ch. J.
There are two questions arising in this cause :
1. Was Ogden a competent witness 3 or ought he not to have been joined with the plaintiff ?
2. Was the plaintiff bound to deliver the flour before he was paid for it ?
Ogden seems to have been a dormant partner with the plaintiff; but that fact was not known by the defendant at the time of the sale by Blood, the broker ; and the rule is well settled, that a dormant partner need not be joined in án action on a contract with a defendant who did not deal with him or know him in the transaction. (1 Chit. Pl. 7,8. 2 Esp. Rep.…
2Cases cited1 opinion
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
3Cited by8 opinions
- Graves v. . WhiteNew York Court of Appeals · 1882
- Marvin v. . WilberNew York Court of Appeals · 1873
- Ward v. . WhitneyNew York Court of Appeals · 1853
- Hurlbut v. PostThe Superior Court of New York City · 1857
- Chun v. HowardIndiana Supreme Court · 1832
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