Aguirre v. Allen
New York Supreme Court
This was a writ of error on a judgment rendered by the Hew-York common pleas. The action below was brought by Allen & Poillon against Aguirre Wyckoff was a broker employed by the defendants to make the sale, but not by the plaintiffs to purchase. He called on the plaintiffs, and then the terms of sale were made between the parties directly; without his agency.
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This was a writ of error on a judgment rendered by the Hew-York common pleas. The action below was brought by Allen & Poillon against Aguirre Wyckoff was a broker employed by the defendants to make the sale, but not by the plaintiffs to purchase. He called on the plaintiffs, and then the terms of sale were made between the parties directly; without his agency. He testified, “ the defendants agreed to sell the raisins to the plaintiffs at $1,70 per box, with 85 per cent off for cash. The plaintiffs claimed to be paid the reduction of duties, if any were allowed by the government Poillon asked…
1Opinion of the Court
By the Court, Mitchell, J.
By the terms of the sale cash was to be paid on the delivery of the raisins. The payment of the cash is sufficient evidence that the raisins were delivered in pursuance of that contract. Goods in such cases are often delivered a few days before payment; but among merchants of standing the payment never precedes the delivery. The quantity was such (8900 boxes) that very naturally the payments were not made at once, but (as stated) some in that month and some in the next—probably as the deliveries were made. If they never were delivered, then the plaintiffs, under…
2Cited by4 opinions
- Starr & Co. v. Galgate Ship Co.Court of Appeals for the Ninth Circuit · 1895
- White v. MadisonNew York Court of Appeals · 1863
- Allen v. AguirreNew York Court of Appeals · 1852
- Lawrence v. GallagherThe Superior Court of New York City · 1877