Gay v. . Seibold
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, éntered upon an order made October 11, 1882, which affirmed a judgment in favor of defendants, entered upon an order, nonsuiting plaintiffs on trial. This action was brought upon a bond given by defendant John S. Seibold as principal, and_ the other defendants as his sureties. The nature of the bond and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, éntered upon an order made October 11, 1882, which affirmed a judgment in favor of defendants, entered upon an order, nonsuiting plaintiffs on trial. This action was brought upon a bond given by defendant John S. Seibold as principal, and_ the other defendants as his sureties. The nature of the bond and the material facts are stated in the opinion. Plaintiffs’ business being the publishing and selling of books, the contract and bond in suit were not based upon any act in violation of law. (Story’s Conflict…
1Opinion of the CourtEarl, J.
On the 9th day of November, 1880, the plaintiffs, book publishers of the city of New York, entered into a written agreement under the name of Gay Brothers & Co. with the defendant John S. Seibold, whereby he, for certain considerations to be paid to him, agreed . to act as clerk and manager of their branch office in the city of Buffalo for the sale of their publications which they were from time to time to consign to him. ■ He was to keep accounts of his stock and of receipts and disbursements of money, and make remittances from time to time of balances, after deducting his commissions, to…
2Cases cited4 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Holmes v. . CarleyNew York Court of Appeals · 1865
- Crawford v. CollinsNew York Supreme Court · 1866
- Wright v. . HookerNew York Court of Appeals · 1854
3Cited by47 opinions
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- Slater v. . SlaterNew York Court of Appeals · 1903
- Paragon Oil Syndicate v. Rhoades Drilling Co.Texas Supreme Court · 1925
- Bendell v. De DominicisNew York Court of Appeals · 1929
- Engle v. Capital Fire InsuranceSuperior Court of Pennsylvania · 1921
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