Durst v. . Burton
New York Court of Appeals
Appeal from judgment entered upon order of the General Term of the Supreme Court in the fifth j udicial district, overruling defendants’ motion for a new trial and directing judgment upon verdict in favor of plaintiff.
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Appeal from judgment entered upon order of the General Term of the Supreme Court in the fifth j udicial district, overruling defendants’ motion for a new trial and directing judgment upon verdict in favor of plaintiff. (Beported below, 2 Lansing, 137.) The action was brought to recover damages for a fraud alleged to have been committed by the defendants, in a sale by them to the plaintiff, of a large quantity of cheese, on or about the 8th of August, 1866. On or about the 8th of August, 1866, the defendants sold to the plaintiff some 491 cheese, weighing over 40,000 pounds, at the price of…
1Opinion of the Court
Church, Ch. J.
If the liability of the defendants depended upon the existence of the relation of principal and agent, or master and servant, between them and Campbell, and that is to be determined alone by the written contract, it would be difficult to sustain the judgment.
By the terms of the contract, Campbell, as between him and the defendants, became the lessee of the cheese factory and premises, agreeing to pay a fixed rent, and all taxes and assessments. He also contracted to manufacture the cheese at a specified sum per hundred pounds. He had the employment, payment and control of the…
2Cases cited6 opinions
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Kelly v. . the Mayor C. of New-YorkNew York Court of Appeals · 1854
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Griswold v. . HavenNew York Court of Appeals · 1862
- Gregory v. McDowelNew York Supreme Court · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Rice v. . ManleyNew York Court of Appeals · 1876
- Cahen v. . PlattNew York Court of Appeals · 1877
- Sellar v. ClellandSupreme Court of Colorado · 1875
- Aber v. BrattonMichigan Supreme Court · 1886
- Clayton v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1903
20 more not listed; retrieve them via the Exa API.