Robertson v. Livingston
New York Supreme Court
Assumpsit tried at the New York circuit, March 26th, 1825, before Betts, 0. Judge; when the following facts' were shown in evidence: Nov. 19th, 1822, the plaintiff sold the defendant a lot of sheep for $292; and the defendant at the same time, left . with the plaintiff wool, foi sale on commission,. which, on the 10th of January, 1823, the plaintiff sold to Pearson & Co. of New-Jersey about 15 miles from the city of New-York, (where the plaintiff traded,) the vendees then…
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Assumpsit tried at the New York circuit, March 26th, 1825, before Betts, 0. Judge; when the following facts' were shown in evidence: Nov. 19th, 1822, the plaintiff sold the defendant a lot of sheep for $292; and the defendant at the same time, left . with the plaintiff wool, foi sale on commission,. which, on the 10th of January, 1823, the plaintiff sold to Pearson & Co. of New-Jersey about 15 miles from the city of New-York, (where the plaintiff traded,) the vendees then being in good credit for $385 44. The sale was on a credit of . v SIX months. In April, 1823, Moses Robertson called on…
1Opinion of the Court
. Curia, per Sutherland, J.
Robertson, as a general agent unrestricted by instructions, was authorized to sell the wool of the defendant on a credit. That objection, however was not taken at the trial; and cannot be now raised. If the proposition be not true in general, it may be the custom and usage of this branch of trade ; which the plaintiff had no opportunity of proving, as the question was not raised before the jury.
The evidence clearly establishes, that Pearson & Co., to whom the wool was sold, were in good credit at the time ; and that the plaintiff acted in good faith, and with all…
2Cited by3 opinions
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