Lyon v. . Mitchell
New York Court of Appeals
This action was brought upon an agreement in writing, in the •words following: “Whereas, I desire to sell the steamers Augusta, Alabama, Florida, and Star of the South: Now, in consideration thereof, and of one dollar to me in hand paid by Thomas B. Stillman, of the city of New York, I do hereby constitute him, the said Still-man, my true and lawful agent, or attorney, to dispose of said steamers, or either of them, at such prices and on such terms as may be hereafter agreed…
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This action was brought upon an agreement in writing, in the •words following: “Whereas, I desire to sell the steamers Augusta, Alabama, Florida, and Star of the South: Now, in consideration thereof, and of one dollar to me in hand paid by Thomas B. Stillman, of the city of New York, I do hereby constitute him, the said Still-man, my true and lawful agent, or attorney, to dispose of said steamers, or either of them, at such prices and on such terms as may be hereafter agreed upon. And I do hereby agree to pay to said Stillman, his heirs or assigns, tender cent, of the total'amount that said…
1Opinion of the Court
The defendant asks that the judgment below shall be reversed upon the ground that the judge declined to charge "that, to entitle the plaintiff to recover, the jury must be satisfied that his agency was the procuring cause of the sale." The charge actually made was that the jury must find "that Mr. Stillman's action in the matter did direct or draw the attention of the navy department or of Mr. Morgan to these steamers as vessels that were offered for sale, and led to the negotiations that resulted in the purchase of the vessels." The two propositions are substantially the same, and the…
2Cases cited4 opinions
- Harris v. Roof's ExecutorsNew York Supreme Court · 1851
- Hatzfield v. GuldenSupreme Court of Pennsylvania · 1838
- Pingry v. WashburnSupreme Court of Vermont · 1826
- Mills v. MillsNew York Supreme Court · 1862
3Cited by39 opinions
- Noble v. Mead-Morrison Manufacturing Co.Massachusetts Supreme Judicial Court · 1921
- McClave v. . PaineNew York Court of Appeals · 1872
- Armstrong v. WannSupreme Court of Minnesota · 1882
- In re the Appraisal under the Transfer Acts of the Property of MosesAppellate Division of the Supreme Court of the State of New York · 1910
- Bush v. RussellSupreme Court of Alabama · 1913
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