Legal Opinion

Scott v. . Rogers

New York Court of Appeals

Decided September 5, 1864PublishedCited by 24 opinions

This is an appeal from a judgment rendered by the Superior Court of Buffalo, in favor of the plaintiff against the defendants. i The action was to recover damages resulting from an omisI sion by the defendants to sell or ship the plaintiff’s wheat, in I accordance with his instructions, and was tried by the court [ without a jury. The plaintiff resided in Cleveland, Ohio, and the defendants were commission merchants, and, as such, engaged in business at Buffalo.

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This is an appeal from a judgment rendered by the Superior Court of Buffalo, in favor of the plaintiff against the defendants. i The action was to recover damages resulting from an omisI sion by the defendants to sell or ship the plaintiff’s wheat, in I accordance with his instructions, and was tried by the court [ without a jury. The plaintiff resided in Cleveland, Ohio, and the defendants were commission merchants, and, as such, engaged in business at Buffalo. They acted as the factors and agents of the plaintiff in receiving and selling at Buffalo, and in. shipping thence to Yew York,…

1Opinion of the CourtHogeboom, J.

This is an action by a principal against his factors, to recover damages for an unauthorized and illegal sale of his property; and the question in the case is as to the proper rule of damages.

The complaint contains two counts. The first is for a neglect and refusal to obey plaintiff’s instructions to sell his wheat at Buffalo, at a particular date, at §1.08 per bushel, or, in the event of their not- doing so on such day, to ship same to Yew York; and for a violation of his instructions in selling the same at Buffalo for the price mentioned at a subsequent date, whereby plaintiff was deprived…

2Cited by24 opinions

  1. Baker v. . DrakeNew York Court of Appeals · 1873
  2. Laverty v. . SnethenNew York Court of Appeals · 1877
  3. Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
  4. Page v. FowlerCalifornia Supreme Court · 1870
  5. Industrial & General Trust, Ltd. v. TodNew York Court of Appeals · 1902

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