Keller v. . Phillips
New York Court of Appeals
Appeal from the judgment of the Supreme Court, in General Term, for the Fourth District, reversing a judgment of the County Court and Justice of the Peace, in favor of the Plaintiff, for $111.91. The action was brought to recover for goods, etc., alleged to have been sold to the Defendant, his family, agents, and servants, at the Defendant’s request, on the 20th January, 1860, and afterward, and until 15th October, 1861. The only defence set up in the answer was, that on the…
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Appeal from the judgment of the Supreme Court, in General Term, for the Fourth District, reversing a judgment of the County Court and Justice of the Peace, in favor of the Plaintiff, for $111.91. The action was brought to recover for goods, etc., alleged to have been sold to the Defendant, his family, agents, and servants, at the Defendant’s request, on the 20th January, 1860, and afterward, and until 15th October, 1861. The only defence set up in the answer was, that on the 6th January, 1860, the Defendant forbade the Plaintiffs’ trusting his wife on his account, and told the Plaintiffs that…
1Opinion of the CourtWoodruff, J.
The Defendant was liable for such part of the goods, mentioned in the Plaintiffs’ bill of particulars, as were purchased before the Defendant gave notice, forbidding them to sell to his wife and family on credit. In addition to such assent as would' be presumed from the nature of the purchases and their actual use in his family, there was the authority resulting from some four or five years’ dealing by the Plaintiffs with the wife, and the payment of the bills by him, in distinct sanction of the sales.
This was ample to warrant a continuance of the like dealings, and bound the Defendant to pay…
2Cases cited2 opinions
- Blowers v. SturtevantNew York Supreme Court · 1847
- Mott v. ComstockNew York Supreme Court · 1832
3Cited by26 opinions
- De Brauwere v. . De BrauwereNew York Court of Appeals · 1911
- Phillips, Nizer, Benjamin, Krim & Ballon v. Lewis S. RosenstielCourt of Appeals for the Second Circuit · 1973
- Wanamaker v. . WeaverNew York Court of Appeals · 1903
- Garlock v. GarlockNew York Court of Appeals · 1939
- Constable v. RosenerAppellate Division of the Supreme Court of the State of New York · 1903
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