Miller v. Farmers & Merchants' State Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Farmers and Merchants’ State Bank of Oneida, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 16th day of January, 1903, upon the report of a referee.
1Opinion of the Court
Ohase, J.: ■ ' ■
The plaintiff in 1901, and for several years prior thereto, was a dealer in hops. . In September, 1901, he entered into an agreement with one S., by which S. was to purchase hops for him and receive for his compensation a commission of one-half cent per pound. By the agreement S. was to send samples of hops to the plaintiff and then make purchases under plaintiff’s instructions. S. obtained from H. Bros, samples of eighty-six bales of hops, being about .16,000 pounds, owned by them, and sent such samples to the plaintiff, with a statement that they could be purchased at eleven…
2Cases cited1 opinion
- Gregory v. ClarkAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- C. F. Booth Co. v. Adams Express Co.Appellate Division of the Supreme Court of the State of New York · 1921