Blakely v. Jacobson
The Superior Court of New York City
This appeal,¡although nominally from the judgment, was, in fact, from an order striking out the answer of the defendants as sham.
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This appeal,¡although nominally from the judgment, was, in fact, from an order striking out the answer of the defendants as sham. The action was commenced on the 14th of August, 1861, by Bobert and William Blakely against Frederick Jacobson and Joseph W. Corlies, Junior, survivors of Joseph W. Corlies, deceased; and the following matters are set out in the complaint, viz.: Prior and up to the 25th of October, 1860, the plaintiffs were partners, under the name of Bobert Blakely & Son, and the defendants, and one Joseph W. Corlies, now deceased, were also partners, under the name of Joseph W.…
1Opinion of the Court
Bosworth, Ch. J.
The contract between the parties, as stated in the complaint, was, that Joseph W. Corlies & Co. " undertook and agreed with the plaintiffs to sell said goods, and to be responsible for the prices of the said goods.”
The answer states that said firm “ agreed to sell said goods, and to guaranty the payment of the prices of said sales, at the maturity thereof, to the plaintiffs.” It is undisputed that the sales, by average, matured May 9th, 12th, 1861, and that the balance due plaintiffs is the precise principal sum for which judgment .is entered.' The judgment is for said…
2Cases cited8 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Clark v. DalesNew York Supreme Court · 1855
- Williams v. ShermanNew York Supreme Court · 1831
- Hart v. HudsonThe Superior Court of New York City · 1857
- Wolff v. KoppelNew York Supreme Court · 1845
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