King v. . Sarria
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of defendant Sarria, entered upon the report of a referee. (Reported below, 7 Hun, 167.) This action was brought against defendants as members of the firm of Grau, Lopez & Co., of Cienfuegos, Cuba, - to recover a balance alleged to be due from said firm to plaintiffs’ firm for advances made.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of defendant Sarria, entered upon the report of a referee. (Reported below, 7 Hun, 167.) This action was brought against defendants as members of the firm of Grau, Lopez & Co., of Cienfuegos, Cuba, - to recover a balance alleged to be due from said firm to plaintiffs’ firm for advances made. The defendant Sarria alone appeared and answered, setting up that he was a limited partner, or comanditario, and therefore not liable. The referee found the indebtedness alleged in…
1Opinion of the CourtFolger, J.
The plaintiffs seek to recover a sum of money from the defendant Sarria, upon contract. They do not show that he in person made with them the contract which they allege. It is, indeed, one of the conceded facts in the case, that the contract was made, as matter of fact, by persons other than Sarria. To succeed, then, in their action, they must show that those persons in some way represented Sarria, and had authority to bind him thereto, to the full extent to which the plaintiffs seek to hold him. To show such authority, proof is made that Sarria was a partner with Grau & Lopez, and that the…
2Cases cited10 opinions
- The AntelopeSupreme Court of the United States · 1825
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Worrall v. . MunnNew York Court of Appeals · 1851
- Leggett v. . HydeNew York Court of Appeals · 1874
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1810
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3Cited by24 opinions
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Morris v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Faulkner v. . HartNew York Court of Appeals · 1880
- First National Bank v. FarsonNew York Court of Appeals · 1919
- Hart v. Oliver Farm Equipment Sales Co.New Mexico Supreme Court · 1933
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