Knapp v. . Simon
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made March 10, 1880, affirming a judgment in favor of defendants entered upon a verdict. • The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made March 10, 1880, affirming a judgment in favor of defendants entered upon a verdict. • The nature of the action and the material facts are stated in the opinion. By the assumption and agreement to pay the debt of plaintiff to Cobb at the time of the settlement between plaintiff and defendants, as between himself and defendants, he became the surety and defendants the principals, although as to' Cobb plaintiff remained a principal, because Cobb was not a party to this arrangement.…
1Opinion of the CourtMiller, J.
The plaintiff purchased of one Cobb a quantity of wheat for the firm of C. A. Steen & Co., of which firm the, defendant Simon, who alone is served with process and defends this action, was a member, and Cobb brought an action against the plaintiff, claiming that the plaintiff had not disclosed to him the fact that he acted as broker for, and that the defendants were his principals. Cobb 'recovered a judgment against the plaintiff for the balance unpaid on the wheat. The plaintiff paid the judgment of Cobb, and brings this action to recover the amount thus paid by him. Upon the-trial of this…
2Cases cited1 opinion
- Cobb v. . KnappNew York Court of Appeals · 1877
3Cited by2 opinions
- Knapp v. . SimonNew York Court of Appeals · 1884
- Knapp v. SimonThe Superior Court of New York City · 1882