Duvall v. Wood
New York Supreme Court
This was an appeal from a judgment entered after a trial by the court and a jury, dismissing the plaintiffs’ complaint. The exceptions were ordered to be heard in the first instance, at General Term.
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This was an appeal from a judgment entered after a trial by the court and a jury, dismissing the plaintiffs’ complaint. The exceptions were ordered to be heard in the first instance, at General Term. The real object of the action was to charge the defendants, Wood, who did business in New York under the firm name of Ross W. Wood & Son, with liability for two bills of goods, bought of the plaintiffs in Baltimore in the name of Andrew C. Elliot & Co. It appeared that the plaintiffs were merchants in Baltimore, and that the defendants were engaged in a guano enterprise on the island of Sombrero,…
1Opinion of the Court
By the Court —
Ingraham, P. J.
There can be no doubt, from the testimony, but that all the defendants were interested in the business carried on at the island of Sombrero, nor that the business was carried on there by Andrew C. Elliot & Co., who were partners, in their name, for the benefit of themselves and the other defendants, and under their authority. It is also proven that the goods in question were purchased with the knowledge, and under the authority, of Ross Wood & Co., and were sent to them at the island, and they authorized drafts on them to. pay for them.
It also appears that the…
2Cases cited4 opinions
- Pentz v. StantonNew York Supreme Court · 1833
- Cumpston v. McNairNew York Supreme Court · 1828
- Porter v. TalcottNew York Supreme Court · 1823
- Reynolds v. ClevelandNew York Supreme Court · 1825