Johnson v. Jones
New York Supreme Court
Motion, by the defendant, to set aside the report of a referee. The action was assumpsit, brought to recover for goods alleged to have been sold and delivered by the plaintiff to the defendant. The declaration contained two counts for goods, wares and merchandise sold and delivered; the one claiming a specific price, and the other claiming what the goods were reasonably worth; and also the common money counts.
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Motion, by the defendant, to set aside the report of a referee. The action was assumpsit, brought to recover for goods alleged to have been sold and delivered by the plaintiff to the defendant. The declaration contained two counts for goods, wares and merchandise sold and delivered; the one claiming a specific price, and the other claiming what the goods were reasonably worth; and also the common money counts. The plea was the gen eral issue, with the usual notice of set-off. Charles H. Sprague, a witness for the plaintiff, testified that he was a clerk for the defendant, in the grocery…
1Opinion of the Court
By the Court, Allen, J.
We do not think that the report of the referee can be set aside as being against evidence. I. There was much evidence in the cause which, upon a trial at the circuit, would have been submitted to a jury as tending to prove actual authority on the part of Crandall to purchase the goods as the agent of the defendant; and the verdict of the jury in favor of the plaintiff, in such case, would have been conclusive. (Prescott v. Flinn, 9 Bing. 19. Dunlap’s Paley on Agency, 169. Com. Bank of Lake Erie v. Norton, 1 Hill, 501.) The referee in this case is in the place of the…
2Cases cited4 opinions
- Walden v. SherburneNew York Supreme Court · 1818
- Holmes v. D'CampNew York Supreme Court · 1806
- Burdick v. GreenNew York Supreme Court · 1818
- Coit v. TracySupreme Court of Connecticut · 1831
3Cited by19 opinions
- Bridenbecker v. LowellNew York Supreme Court · 1860
- Brewster v. SimeCalifornia Supreme Court · 1871
- Dunning v. RobertsNew York Supreme Court · 1862
- Bliss v. SherrillAppellate Division of the Supreme Court of the State of New York · 1897
- Edwards Mfg. Co. v. Bradford Co.Court of Appeals for the Second Circuit · 1923
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