Buckley v. Packard
New York Supreme Court
THIS was an action of assumpsit, to recover the amount of merchandise shipped by' the plaintiff to Havanna, and there received and sold by the defendants, partners, under ^le 6rm of Packard Gowen, on commission. The cause was tried at the JYew-York Sittings, in June, 1821. On the 16th June, 1817, the plaintiff, at JYew-York, shipped on board of the brig Mary, Francis Smith, master, bound to Savanna, five bales of merchandise, consigned to the master, for sale.
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THIS was an action of assumpsit, to recover the amount of merchandise shipped by' the plaintiff to Havanna, and there received and sold by the defendants, partners, under ^le 6rm of Packard Gowen, on commission. The cause was tried at the JYew-York Sittings, in June, 1821. On the 16th June, 1817, the plaintiff, at JYew-York, shipped on board of the brig Mary, Francis Smith, master, bound to Savanna, five bales of merchandise, consigned to the master, for sale. On the arrival of the goods at Savanna, they were placed in the hands of the defendants, as commission merchants, to be sold. After…
1Opinion of the CourtWoodworth, J.
The goods were shipped and consigned to Smith, for the purpose of sale, at Havanna. The act of the agent is binding on the principal, so far as it is within the scope of bis authority. Not being able to effect a sale, Smith delivered the goods to the defendants to sell, and here his authority ceased; for, after such delivery, the defendants became agents and factors *425of the plaintiff, with notice that the goods belonged to him. This is manifest, by their sending the sugars, on the return of the brig, for the account of the plaintiff, as well as by their subsequent communications. Smith could…
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- Martin v. MoultonSuperior Court of New Hampshire · 1837
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