Gindre v. Kean
New York Court of Common Pleas
Action by Claude Gindre and others against Cyrus V. Kean, as assignee for the benefit of creditors of Edward M. Benjamin, to recover moneys collected by defendant, subsequent to the assignment by him for the benefit of creditors, on account of goods sold by the assignor as a del credere agent for plaintiffs. Judgment for plaintiffs.
1Opinion of the CourtBischoef, J.
Pursuant to Gindre & Co.’s proposition of April 24,1889, and accepted by Benjamin on the 7th of May following, the former were to consign the silks of their manufacture for sale; the latter to receive a commission of 6 per cent, upon the sales, for guaranty, storage, insurance, and all other expenses. That tins constituted the parties principal and factor respectively is clear and con*5ceded. Gindre & Co.’s right, therefore, to repossess themselves of the goods consigned and remaining unsold at the time of Benjamin’s assignment, and to insist upon payment to themselves of all moneys remaining…
2Cases cited6 opinions
- Baker v. New York National Exchange BankNew York Court of Appeals · 1885
- National Butchers & Drovers' Bank v. HubbellNew York Court of Appeals · 1889
- Thompson v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1823
- Nutter v. WheelerDistrict Court, D. Massachusetts · 1874
- In re LinforthU.S. Circuit Court for the District of California · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- James E. Mitchell Co. v. Hartsell Mills Co.Supreme Court of Pennsylvania · 1923
- Stoneman v. Van VechtenAppellate Division of the Supreme Court of the State of New York · 1899
- Stoneman v. Van VechtenAppellate Division of the Supreme Court of the State of New York · 1899