Beebee v. Robert
New York Supreme Court
This was an action of assumpsit, for breach of warrantry in the sale by sample of a quantity of cotton, tried at the Jefferson circuit in July, 1833, before the Hon. Nathan Williams, then one of the circuit judges. In April, 1830, the plaintiffs, residing at Watertown, in Jefferson county, wrote to B. L. Woolley, a broker, residing in the city of New-York, to purchase and forward to them at Water-town 20 bales of prime cotton.
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This was an action of assumpsit, for breach of warrantry in the sale by sample of a quantity of cotton, tried at the Jefferson circuit in July, 1833, before the Hon. Nathan Williams, then one of the circuit judges. In April, 1830, the plaintiffs, residing at Watertown, in Jefferson county, wrote to B. L. Woolley, a broker, residing in the city of New-York, to purchase and forward to them at Water-town 20 bales of prime cotton. Woolley called upon the defendant, who had cotton for sale, and told him that he had an order from a manufacturer, and wanted to purchase good cotton. ■ The defendant…
1Opinion of the Court
By the Court,
Sutherland, J.
The suit was properly brought in the name of the present plaintiffs. Woolley acted as their factor or agent merely, in the purchase of the cotton $ he *417had no interest in the transaction beyond his commissions: he is not responsible to the plaintiffs for the defect in the quality of the cotton: he has suffered no injury, and no action could be sustained in his name against the defendant for the breach r . . ,. , ° , ot the implied warranty — there was no express contract or agreement with him. If Woolley, the factor, had failed to pay for the cotton, Robert could…
2Cases cited3 opinions
- Pentz v. StantonNew York Supreme Court · 1833
- Gallagher v. WaringNew York Supreme Court · 1832
- Spencer v. FieldNew York Supreme Court · 1833
3Cited by28 opinions
- Dykers v. . TownsendNew York Court of Appeals · 1861
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Hargous v. . StoneNew York Court of Appeals · 1851
- Waring v. MasonNew York Supreme Court · 1837
- Beirne and Burnside v. . DordNew York Court of Appeals · 1851
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