Legal Opinion

Monnet v. . Merz

New York Court of Appeals

Decided June 2, 1891PublishedCited by 3 opinions

Appeal from, judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 28, 1889, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought to recover an indebtedness claimed to be due plaintiffs from the firm of Holler & Merz, the original defendants, of whom the present defendant is the survivor. The facts, so far as material, are stated in the opinion.

1Opinion of the CourtBbowu, J.

The plaintiffs were manufacturers of aniline colors or dyes at La Plaine, Switzerland, and the original defendants were their consignees and agents at the city of Mew York for the sale of such dyes.

By the agreement between the parties, the defendants were to pay freight and import duties upon the goods, advance to the plaintiffs fifty per cent of the invoice price, and render account of sales semi-monthly, deducting and receiving a commission of eight and one-half per cent on the sales for their services.

This agreement was terminated in June, 1883.

The complaint alleges an indebtedness from…

2Cases cited1 opinion

  1. United States v. AuffmordtSupreme Court of the United States · 1887

3Cited by3 opinions

  1. Mills Novelty Co. v. DupouyCourt of Appeals for the Seventh Circuit · 1913
  2. James T. Kelly, Jr., P. E., P. C. v. SchroeterAppellate Division of the Supreme Court of the State of New York · 1994
  3. Monnet v. MerzThe Superior Court of New York City · 1892

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