Rathbun v. . Citizens' Steamboat Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, reversing a judgment of the General Term of the Marine Court, which affirmed a judgment in favor of plain- - tiffs, entered upon a decision of the court on trial without a jui-y- The facts appear sufficiently in the opinion. This was a case of mutual contract and not of agency. (Sturges v. Crownshield, 4 Wheat., 197; 2 Black.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, reversing a judgment of the General Term of the Marine Court, which affirmed a judgment in favor of plain- - tiffs, entered upon a decision of the court on trial without a jui-y- The facts appear sufficiently in the opinion. This was a case of mutual contract and not of agency. (Sturges v. Crownshield, 4 Wheat., 197; 2 Black. Com., 466; Metcalf’s Com., 14; 1 Burr. L. Dict., 72; 2 id., 336; 1 Bouv. L. Dict., 100; 2 id., 376; Webster’s Dict., 1039.) There was no ratification by…
1Opinion of the Court
Church, Ch. J.
The transaction developed in this case is not an uncommon one. The .plaintiffs in New York consigned to one Van Alstyne articles of personal property, and forwarded the same by defendant marked “ C. O. D., $94.28.” It was in effect evidently intended as a sale by plaintiffs to Van Alstyne of the property, the price payable on delivery. The defendant undertook to deliver the property and collect the money, and return it to the plaintiffs. The defendant accepted a check of Van Alstyne on a Troy bank, payable to the order of the plaintiffs, and delivered it to the plaintiffs who…
2Cases cited1 opinion
- Nixon v. . PalmerNew York Court of Appeals · 1853
3Cited by26 opinions
- Bond Rubber Corporation v. Oates Bros., Inc.Supreme Court of Connecticut · 1949
- Union National Bank v. Citizens BankIndiana Supreme Court · 1899
- Computel, Inc., a Florida Corp. v. Emery Air Freight Corp.Court of Appeals for the Eleventh Circuit · 1990
- Karat Gold Imports, Inc. v. United Parcel Service, Inc.Ohio Court of Appeals · 1989
- Procter & Gamble Distributing Co. v. Lawrence American Field Warehousing Corp.Appellate Division of the Supreme Court of the State of New York · 1965
21 more not listed; retrieve them via the Exa API.