Howard v. Norton
New York Supreme Court
THIS action was brought to recover the price of a JL quantity of apples, alleged by the plaintiff to have been sold to the defendant’s agent, in October, 1865. The defence was that the apples were purchased by the firm of J. P. Marshall & Co. of the city of New York.
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THIS action was brought to recover the price of a JL quantity of apples, alleged by the plaintiff to have been sold to the defendant’s agent, in October, 1865. The defence was that the apples were purchased by the firm of J. P. Marshall & Co. of the city of New York. The plaintiff, in order to prove that the defendant was the purchaser of the apples, called one Root, who testified he bought apples for the defendant, in the town of Murray, in the county of Orleans, in the fall of 1865. In a conversation with' the defendant, that.fall, he proposed to .the witness to buy apples for him, and he…
1Opinion of the Court
By the Court, Mullin, P. J.
It was competent for the plaintiffs to prove, conditionally, that in the negotiation for the purchase of the apples, Smith said he was buying for the defendant. 1st. Because, if the purchase was ratified, it was a part of the res gestee; and 2d. Because without proof that Smith represented himself to be an agent, there could be no ratification of the purchase by the defendant.
If Smith did not assume to purchase as agent, he alone was liable for the apples, and the defendant could not be made liable for the price without a promise to pay it, supported by a valid…
2Cases cited6 opinions
- Kellogg v. RichardsNew York Supreme Court · 1835
- Frisbie v. LarnedNew York Supreme Court · 1839
- Coon v. . KnapNew York Court of Appeals · 1854
- Filkins v. . WhylandNew York Court of Appeals · 1862
- Seymour v. MinturnNew York Supreme Court · 1819
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3Cited by14 opinions
- Stirling v. BuckinghamSupreme Court of Connecticut · 1878
- Swofford Bros. Dry Goods Co. v. GossMissouri Court of Appeals · 1896
- Griffith v. CreightonMissouri Court of Appeals · 1895
- Carrere v. DunAppellate Terms of the Supreme Court of New York · 1896
- Hettrick Manufacturing Co. v. BarishAppellate Terms of the Supreme Court of New York · 1922
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