Macauley v. Palmer
New York Supreme Court
Appeal from circuit court, Hew York county. Action by John L. Macauley, as surviving partner, etc., against Joseph R. Palmer and Robert B. Kingsbury, to recover the sum of $17,763.87 and interest since April 10, 1864, being the proceeds of certain cotton sold by defendants as agents of plaintiff’s firm. Defendant Kingsbury was not served with process. From a judgment entered on dismissal of the complaint after trial plaintiff appeals.
1Opinion of the CourtVan Brunt, P. J.
The plaintiff offered proof tending to show that he and one James A. Macauley, now deceased, were copartners in the years 1863 and 1864, in Texas, while the same was in possession of the rebels during the late war, in buying cotton, and getting it through the rebel lines, and selling the same either in Mexican or other markets; that 167 bales of cotton, the proceeds of which are the basis of this suit, were purchased by the plaintiff’s firm in October 1863; that some time prior to the 28th of January, 1864, James A. Macauley, the deceased partner, made an arrangement with the defendants,…
2Cases cited1 opinion
- Lyon v. AddeNew York Supreme Court · 1872
3Cited by2 opinions
- Hall v. RobertsNew York Supreme Court · 1892
- Palmer v. StarbuckCity of New York Municipal Court · 1892