McMorris v. Simpson
New York Supreme Court
This was an action of trover, tried at the Delaware circuit in May, 1837, before the Hon. James Vanderpoel, then one of the circuit judges. Both parties are farmers, residing in the county of Delaware. The defendant, when he went to market with his own butter, had been in the habit of taking and selling butter for his neighbors, for which he received a commission of fifty cents per firkin.
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This was an action of trover, tried at the Delaware circuit in May, 1837, before the Hon. James Vanderpoel, then one of the circuit judges. Both parties are farmers, residing in the county of Delaware. The defendant, when he went to market with his own butter, had been in the habit of taking and selling butter for his neighbors, for which he received a commission of fifty cents per firkin. In the fall of 1833, the plaintiff called on the defendant and asked him when he was going to New Yoik,the defendant answered within a day or two; and the plaintiff then said he had left his butter in…
1Opinion of the Court
By the Court,
Bronson, J.
I cannot see this case in so strong a light against the defendant as it was regarded by the judge on the trial. There was, at least, a fair question for the jury, which should not have been withdrawn from their consideratipn. The farmers in Delaware, instead of selling their butter at home, are in the habit of going to market themselves. Those who do not go, send by their neighbors, who receive a compensation for their services. The defendant received the plaintiff’s butter to sell, with no other instructions or limit to his authority than that of doing the best he…
2Cases cited2 opinions
- Packard v. GetmanNew York Supreme Court · 1830
- Read v. HurdNew York Supreme Court · 1831
3Cited by25 opinions
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- Wallace v. MorganIndiana Supreme Court · 1864
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