Legal Opinion

Spraights v. . Hawley

New York Court of Appeals

Decided June 5, 1868PublishedCited by 49 opinions

Appeal from an order of the Supreme Court in General Term in the Fifth District, reversing a judgment for the Defendant, entered on the report of a referee, and awarding a new trial.

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Appeal from an order of the Supreme Court in General Term in the Fifth District, reversing a judgment for the Defendant, entered on the report of a referee, and awarding a new trial. The action was brought to recover damages alleged to have been sustained by the Plaintiff by reason of a sale by the Defendant of a set of diamond earrings and a diamond pin, which had been mortgaged to the Plaintiff by Charles Ashby and Eugenia his wife, on the 25th of August, 1859, to secure the payment of six hundred dollars, due to him from the said Challes Ashby. The answer admits the sale by the Defendant,…

1Opinion of the CourtWoodruff, J.

The facts in this case show title in the Plaintiff to the property in question, and a disposition thereof by the Defendant, avowedly and solely as agent for Eugenia Ashby, the owner and one of the mortgagors.

The Defendant’s answer avers that he acted as such agent without any interest or claim of interest in the same or its proceeds. The referee finds as a fact that he acted simply as the agent of Charles Ashby or of Charles Ashby and his said wife.

The title of the Plaintiff was valid both upon the facts found and upon the legal conclusions stated by the referee. It follows that the…

2Cases cited4 opinions

  1. Everett v. CoffinNew York Supreme Court · 1831
  2. Farrar v. ChauffeteteNew York Supreme Court · 1848
  3. Thorp v. BurlingNew York Supreme Court · 1814
  4. Anderson v. NicholasThe Superior Court of New York City · 1859

3Cited by49 opinions

  1. Wagner Trading Co. v. Battery Park National BankNew York Court of Appeals · 1920
  2. Employers' Fire Insurance v. CottenNew York Court of Appeals · 1927
  3. Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
  4. Deobold v. . OppermannNew York Court of Appeals · 1888
  5. Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888

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