Abbey v. . Deyo
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Oourt in the third judicial district, affirming a judgment entered upon a verdict in favor of the plaintiff. This was an action of replevin, brought to recover feed, flour, grain, &e., belonging to the plaintiff and levied on in November, 1861, by execution against the husband of the plaintiff. Upon the first trial the plaintiff was nonsuited.
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Appeal from an order of the General Term of the Supreme Oourt in the third judicial district, affirming a judgment entered upon a verdict in favor of the plaintiff. This was an action of replevin, brought to recover feed, flour, grain, &e., belonging to the plaintiff and levied on in November, 1861, by execution against the husband of the plaintiff. Upon the first trial the plaintiff was nonsuited. A new trial was granted by the General Term (reported 44 Barb., 374), upon which a verdict was rendered for the plaintiff, and judgment entered thereupon was affirmed by the General Term. The…
1Opinion of the Court
The plaintiff alleges that she carried on the flour and feed business in the summer of 1861, under the name of Stephen Abbey, agent. Her husband she alleged to be her agent, and that as such he bought and sold and carried on the business for her. It was proved that, in making the purchases at Albany, the husband stated to the vendors that he was the agent of the plaintiff and that the goods were charged to him as agent.
The defendant insists that there was no evidence that the plaintiff had employed or authorized her husband to make the purchases or transact business for her, and that the…
2Cases cited1 opinion
- Gage v. . DauchyNew York Court of Appeals · 1866
3Cited by22 opinions
- Third National Bank v. GuentherNew York Court of Appeals · 1890
- Cooper v. HamIndiana Supreme Court · 1875
- Mitchell v. Lyons Professional Services, Inc.District Court, E.D. New York · 2015
- King v. VoosOregon Supreme Court · 1886
- In re FitchardDistrict Court, N.D. New York · 1900
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