Dodge v. Wilbur
New York Court of Appeals
Appeal by the defendants from the judgment of the superior court of the city of New-York. The facts appearing in the case were as follows: The firm of A. A. Grower, Nephews & Co. were merchants at London in the year 1847, and for many years previous, and in the course of their business were in the habit of receiving consignments, for sale on commission, of cotton from the United States, on which they made advances, and they had correspondents and employed agents in the…
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Appeal by the defendants from the judgment of the superior court of the city of New-York. The facts appearing in the case were as follows: The firm of A. A. Grower, Nephews & Co. were merchants at London in the year 1847, and for many years previous, and in the course of their business were in the habit of receiving consignments, for sale on commission, of cotton from the United States, on which they made advances, and they had correspondents and employed agents in the United States in their business. The firm of Masters, Markoe & Co., of New-York, till dissolved, November 21, 1844, by the…
1Opinion of the CourtEdwards, J.
In order to decide upon the rights of the respective parties, to this suit in reference to the fund in controversy, it will be necessary, first, to ascertain what was the character of the arrangement between Gower & Co., and the defendants, and the plaintiff Dodge, as to the shipments of cotton to be made by him; and I do not consider it necessary for that purpose.to refer to any of the correspondence of an earlier date than the létter of the 14th August, 1846. That letter contains the basis of the arrangement between Dodge and Gower &’Co., and whether taken by itself, or in connection with…
2Cited by4 opinions
- In re the Assignment of Rauth & SonNew York Court of Common Pleas · 1880
- In re the Accounting of GinsburgNew York Supreme Court · 1899
- Geissler v. WernerNew York Surrogate's Court · 1884
- In re the Accounting of SchlangNew York Court of Common Pleas · 1883