Oregon Steamship Co. v. . Otis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 22, 1883, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 22, 1883, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover a balance of moneys in defendant’s hands, alleged to have been received by him on contracts with the United States government for the transportation of the mails from San Francisco to Portland, Oregon, which contracts plaintiff alleged, although entered into by defendant in his own name, were in fact made by…
1Opinion of the CourtFinch, J.
The referee has found that the defendant’s contract with the government to transport the mails between San Francisco and Portland, Oregon, though made in his own name as contractor, was in reality made by him as agent for and in behalf of the plaintiff company which actually performed the service; that the compensation paid him, as between himself and the plaintiff, belonged to the latter, except that out of it Otis was entitled to retain a commission for his agency; that he in fact retained and refused to pay over a much larger sum, for the conversion of which he was sued, with the result of…
2Cases cited1 opinion
- State v. HopkinsSupreme Court of Vermont · 1877
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- Corry v. Sylvia y CiaSupreme Court of Alabama · 1915
- United States v. KertessCourt of Appeals for the Second Circuit · 1944
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