Clason v. Bailey
Court for the Trial of Impeachments and Correction of Errors
THESE causes came before this court on writs of error, to the supreme court. The facts in all were, substantially, the "same. (See Merrit & Merrit v. Clason. 12 Johns. Rep. 102.) Townsend, a broker, was employed by Clason, a merchant, in the city of New-York, in February, 1812, to purchase a quantity of rye "for him.
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THESE causes came before this court on writs of error, to the supreme court. The facts in all were, substantially, the "same. (See Merrit & Merrit v. Clason. 12 Johns. Rep. 102.) Townsend, a broker, was employed by Clason, a merchant, in the city of New-York, in February, 1812, to purchase a quantity of rye "for him. Townsend applied to Bailey Si Voorhees, to know if they had rye for sale ; and they agreed to sell him, for Clason, 3000 bushels of rye, at one dollar per bushel, payable on delivery, and authorized him to make sale thereof to Clason, accordingly. Townsend informed Clason of the…
1Opinion of the Court
The Chancellor.
The case struck me upon the argument, as being very plain. But as it may have appeared to other members of the court in a different, or, at least, in a more serious light, I will very briefly state the reasons why I am of opinion, that the judgment of the supreme court ought to be affirmed. .
The contract on which the controversy arises, was made in the following manner:
Isaac Clason employed John Townsend to purchase a quantity of rye for him. He, in pursuance of this authority, purchased of Bailey & Foorhees 3,000 bushels, at one dollar per" bushel, and at the time of closing…
2Cases cited1 opinion
- Roget v. MerritNew York Supreme Court · 1804
3Cited by47 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Justice v. . LangNew York Court of Appeals · 1870
- Mentz v. . NewwitterNew York Court of Appeals · 1890
- Ullsperger v. MeyerIllinois Supreme Court · 1905
- Ward v. . HasbrouckNew York Court of Appeals · 1902
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