Leverick v. Meigs
New York Supreme Court
Assumpsit ; tried before his Honor (the late) Ch. Justice Spencer, at the New-Yorh sittings, in June, 1821. The action was to recover the amount of two several bills of exchange, each drawn by the house of Rea and Butler, in Savannah, upon Thomas C. Butler, of New-York, at 60 days sight; the first dated the 20th January 1819, for $743,28, the other dated the 5th February, in the same year, for $1384, 78, both payable to the plaintiff.
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Assumpsit ; tried before his Honor (the late) Ch. Justice Spencer, at the New-Yorh sittings, in June, 1821. The action was to recover the amount of two several bills of exchange, each drawn by the house of Rea and Butler, in Savannah, upon Thomas C. Butler, of New-York, at 60 days sight; the first dated the 20th January 1819, for $743,28, the other dated the 5th February, in the same year, for $1384, 78, both payable to the plaintiff. They were remitted to the plaintiff by the defendants, on account of the proceeds of goods consigned to the defendants by the plaintiff, for sale on his…
1Opinion of the CourtWoodworth, J.
The first question arising in this cause is, whether the defendants are liable on the ground of negligence, in taking the bills remitted to the plaintiff ?
In examining this question, the defendants will be considered as factors and agents, without reference to the effect produced by a guaranty of the sales.
Where the factor’s power is general, it has been held, that he must exercise a sound and honest judgment, in those matters which are left to his digcretion. He will not be responsible, if he appear to have acted to the best of his abilities, and not to have been guilty of breach of orders,…
2Cases cited3 opinions
- Liotard v. GravesNew York Supreme Court · 1805
- Ferris v. ParisNew York Supreme Court · 1813
- Van Alen v. VanderpoolNew York Supreme Court · 1810
3Cited by8 opinions
- Myers v. AdlerMissouri Court of Appeals · 1915
- Burrill v. PhillipsU.S. Circuit Court for the District of Rhode Island · 1812
- Lewis v. BrehmeCourt of Appeals of Maryland · 1871
- Shepard v. DavisAppellate Division of the Supreme Court of the State of New York · 1899
- Sharp v. EmmetSupreme Court of Pennsylvania · 1840
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