Becker v. . Hallgarten
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made May 10, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was for the alleged wrongful conversion of certain goods. The following facts appeared : The firms of Wilhelm & Boerner, and Boas & Stern, were merchants in Berlin, Germany.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made May 10, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was for the alleged wrongful conversion of certain goods. The following facts appeared : The firms of Wilhelm & Boerner, and Boas & Stern, were merchants in Berlin, Germany. Prior to August 2, 1876, Wilhelm & Boerner sold to Boas & Stern, on credit, three cases of goods, and delivered to them invoices of the same. The…
1Opinion of the CourtDanforth, J.
Becker was at no time in the course of these transactions the agent or representative of the vendors. Until and including the shipment of the goods he was the agent of Boas & Stem, the vendees, or of Goldstein. He obeyed, as was proper, at the different stages of the affair, first one and then the other of these parties. If his special character ceased with the shipment, he neither entered the employ of the ven dors, nor did he act under any instruction received from them.. The finding, therefore, that in behalf of the vendors he stopped the goods, is without evidence to support it. Assuming,…
2Cases cited3 opinions
- Harris v. . PrattNew York Court of Appeals · 1858
- City Bank v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1870
- Biggs v. BarryU.S. Circuit Court for the District of Massachusetts · 1855
3Cited by8 opinions
- In re New York House Furnishing Goods Co.Court of Appeals for the Second Circuit · 1909
- Branan Bros. v. Atlanta & West Point RailroadSupreme Court of Georgia · 1899
- Johnson v. EvelethSupreme Judicial Court of Maine · 1899
- Gass v. MillsAppellate Division of the Supreme Court of the State of New York · 1909
- Ainis v. AyresNew York Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.