White v. Chouteau
New York Supreme Court
Error to the Hew-York common pleas. The declaration contained the common money counts. Plea, the general issue. On the trial it was proved that early in 1844, Chouteau, one of the defendants, came to the counting room of the plaintiffs in Baltimore, and inquired for indigo. The plaintiff Elder took him into a Mr. Wirgman’s store, in the same building, to look at some, and Elder and Chouteau returned together, bringing a sample with them.
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Error to the Hew-York common pleas. The declaration contained the common money counts. Plea, the general issue. On the trial it was proved that early in 1844, Chouteau, one of the defendants, came to the counting room of the plaintiffs in Baltimore, and inquired for indigo. The plaintiff Elder took him into a Mr. Wirgman’s store, in the same building, to look at some, and Elder and Chouteau returned together, bringing a sample with them. Chouteau said he did not believe it a pure article, but made an offer for it, which offer was communicated by the plaintiffs to the owner, who accepted it,…
1Opinion of the Court
By the Court, Edwards, J.
The facts, about which there is no dispute in this case, are, that at the time of the sale in question, the plaintiffs were merchandise brokers in the city of Baltimore ; and that Tully, of Philadelphia, had a quantity of indigo in the possession of Wirgman, a commission merchant in Baltimore, for sale; and that the same was sold by the plaintiffs.
The first ground taken by the plaintiffs is, that if they were, at the time of the sale, nothing more than ordinary brokers, they would be entitled to recover in this suit; and they refer to the rule laid down by Chitty, in…
2Cases cited1 opinion
- Buckbee v. BrownNew York Supreme Court · 1839
3Cited by9 opinions
- County of Mahaska v. IngallsSupreme Court of Iowa · 1864
- Lyon v. . RickerNew York Court of Appeals · 1894
- Haas v. RustonIndiana Court of Appeals · 1895
- Continental National Bank v. MooreAppellate Division of the Supreme Court of the State of New York · 1903
- People v. BlakeleyNew York Supreme Court · 1859
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