Dudley v. Hawley
New York Supreme Court
THIS was an action brought by the iffaintiff against the defendant, to recover the value of one set of diamond ear rings and one diamond pin, which the defendant sold to Randall & Bareman, of the city of NewYork, as the agent for Mrs. Eugenia Ashby, the wife of Charles Ashby, and which Charles Ashby placed in his hands for sale. Th§ action was referred to George F. Comstock, as sole referee, to hear and determine.
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THIS was an action brought by the iffaintiff against the defendant, to recover the value of one set of diamond ear rings and one diamond pin, which the defendant sold to Randall & Bareman, of the city of NewYork, as the agent for Mrs. Eugenia Ashby, the wife of Charles Ashby, and which Charles Ashby placed in his hands for sale. Th§ action was referred to George F. Comstock, as sole referee, to hear and determine. It appeared in evidence that the diamonds belonged to Mrs. Ashby, and that she and her husband, on the 25th day of August, 1859, executed a mortgage to the plaintiff, of the…
1Opinion of the CourtMorgan, J.
The defendant, being a jeweler, took the diamond ear rings and «pin and negotiated a sale of them to Eandall & Bareman, of Hew York, for $200. He acted in the transaction simply as the agent of Ashby and his wife, and to accommodate them, supposing at the time, in good faith, that they were the owners of the. property. The proceeds were transmitted to the defendant, and he without any compensation whatever delivered them over to Ashby and wife. He did not otherwise interfere with the property. The property in fact belonged to the plaintiff, by virtue of a personal mortgage, executed to him by…
2Cases cited8 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Everett v. CoffinNew York Supreme Court · 1831
- Lee v. MathewsSupreme Court of Alabama · 1846
- Thorp v. BurlingNew York Supreme Court · 1814
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3Cited by7 opinions
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- Mead v. JackNew York Court of Common Pleas · 1883
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