Wright v. . Cabot
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of plaintiffs, entered upon an order made March 10, 1881, which overruled defendants’ exceptions and directed judgment on a verdict directed by the court.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of plaintiffs, entered upon an order made March 10, 1881, which overruled defendants’ exceptions and directed judgment on a verdict directed by the court. (Eeported below, To J. & S. 229.) This action was brought to recover the proceeds of the sale of a quantity of “ Esparto grass ” belonging to plaintiffs, who were doing business at Liverpool, England, which was consigned by them to the firm of E. & C. Stokes at Philadelphia, for sale on their account. That firm employed defendants, who were…
1Opinion of the Court
Enron, J„
The evidence renders it entirely certain that the Esparto grass sold by the defendants, and for the proceeds of which they are sued, was the sole property of the plaintiffs, consigned by them to E. & C. Stokes as agents for its sale, who- were bound to remit to their principals the whole proceeds, after deducting commissions and expenses. The defendants, therefore, have applied the property of plaintiffs to pay the debts of E.. & 0. Stokes, and are here to ■ defend that application. They invoke for that purpose the general rule that third persons may deal with one as principal who…
2Cases cited7 opinions
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- Rodman v. . HenryNew York Court of Appeals · 1858
- Teller v. RandallNew York Supreme Court · 1862
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- Sheldon v. WoodThe Superior Court of New York City · 1857
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- C. T. Fuller and Louisiana Stud, Inc. v. Fasig-Tipton Company, IncorporatedCourt of Appeals for the Second Circuit · 1978
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