McCaffil v. Radcliff
The Superior Court of New York City
The action was to recover for goods sold, and was tried before a justice óf this court, and a jury. At the close of the plaintiffs’ evidence, the justice dismissed the complaint, and the plaintiffs excepted. A motion was made, at special term, for a new trial, which was denied. Thereupon judgment was entered. The plaintiffs appealed from the order denying the motion for a new trial, and from the judgment.
1Opinion of the Court
By the Court, Monell, J.
The only question in this case is, whether the goods were sold and delivered on the credit of the defendant. The complaint alleged a sale and delivery to the defendant, which the defendant denied.
Herrick, who seems to have acted as the plaintiffs’ broker, testified that he had several interviews with the defendant. That the defendant told him his brother-in-law, Mr. Haskell, proposed to buy tobacco and segars to take west, and that he would bring or send him in. That Haskell afterwards selected the goods, and ordered them to be marked “ A. O. Radcliff, St. Louis, Mo.”…
2Cases cited1 opinion
- Hanford v. HigginsThe Superior Court of New York City · 1857