Rogers v. Kneeland
New York Supreme Court
Error from the superior court of the city of New-York. Kneeland sued N. Rogers and two others for the breach of a guaranty given under the following circumstances: Kneeland, as the factor or agent of a mercantile firm transacting business in Alabama under the name and style of L. Morgan <£■ Sons, having sold at the city of New-York 124 bales of cotton, belonging to the said firm, to one James Andrews, Andrews, in January term, 1822, commenced a suit against Knee-land for a…
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Error from the superior court of the city of New-York. Kneeland sued N. Rogers and two others for the breach of a guaranty given under the following circumstances: Kneeland, as the factor or agent of a mercantile firm transacting business in Alabama under the name and style of L. Morgan <£■ Sons, having sold at the city of New-York 124 bales of cotton, belonging to the said firm, to one James Andrews, Andrews, in January term, 1822, commenced a suit against Knee-land for a breach of warranty in the sale of the cotton, alleging a sale by sample, and that the cotton delivered was not at the…
1Opinion of the Court
By the Court,
Nelson, J.
The first question presented in this case, viz. whether the evidence offered by the defendants below, that the plaintiff below had acted without authority and contrary to instructions in selling the cotton by sample, was admissible, depends upon the relations and transactions existing between the principals and their agent, and their respective rights and duties growing out of them, in which the defendants are not particularly interested, because there can be no doubt that the Morgans, the principals, are bound to keep the defendants harmless. It is said the Morgans are…
2Cases cited1 opinion
- D'Wolf v. RabaudSupreme Court of the United States · 1828
3Cited by47 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- United States v. BabbitSupreme Court of the United States · 1862
- State v. HardenWest Virginia Supreme Court · 1907
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Le Roy v. BeardSupreme Court of the United States · 1850
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