Hildebrant v. Crawford
New York Supreme Court
The first of the above entitled actions was brought to recover the sum of $1,822.10 for produce alleged to have been sold and delivered by the plaintiff to one Joseph Kellogg, the agent of E. M. Crawford, defendant, and the amount of two promissory notes signed by Kellogg, agent, without stating for whom made, given for tobacco purchased of plaintiff for the firm of Crawford & Palmer, and Bidder & Palmer, of which the defendant was the survivor.
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The first of the above entitled actions was brought to recover the sum of $1,822.10 for produce alleged to have been sold and delivered by the plaintiff to one Joseph Kellogg, the agent of E. M. Crawford, defendant, and the amount of two promissory notes signed by Kellogg, agent, without stating for whom made, given for tobacco purchased of plaintiff for the firm of Crawford & Palmer, and Bidder & Palmer, of which the defendant was the survivor. The account was alleged to have commenced in December, 1856, and continued till 1860. Some small payments in money are alleged to have been made on…
1Opinion of the CourtMiller, P. J.
There was no error in the finding of the referee that Crawford, as survivor, was indebted to Hildebrant in two promissory notes in the sum of $573.62. These notes were signed by “ J. Kellogg, agent,” and the name of the principal does not appear upon the face of either of them. *505It is alleged in the complaint in the first, and in the answer in the second action, that Kellogg acted as agent in the tobacco business, at Ithaca, for Bidder, Crawford & Palmer for the firm of Crawford & Palmer, survivors, and for Crawford as survivor and successor of Bidder & Palmer. These" allegations are admitted…
2Cases cited4 opinions
- Simmons v. . SissonNew York Court of Appeals · 1863
- Dunning v. RobertsNew York Supreme Court · 1862
- Clark v. Metropolitan BankThe Superior Court of New York City · 1854
- Lefler v. FieldNew York Supreme Court · 1868
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