Fitch v. Hall
New York Supreme Court
THIS was an appeal, by the plaintiff, from a judgment rendered against him, in favor of the defendant Hall, upon the report of a referee. The action was brought by the plaintiff, as assignee of Aaron B. Akin, to recover a balance claimed to be due for hay alleged to have been sold by Akin to the defendants Wardwell & Bardwell and the defendant Hall.
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THIS was an appeal, by the plaintiff, from a judgment rendered against him, in favor of the defendant Hall, upon the report of a referee. The action was brought by the plaintiff, as assignee of Aaron B. Akin, to recover a balance claimed to be due for hay alleged to have been sold by Akin to the defendants Wardwell & Bardwell and the defendant Hall. The referee reported that there was due to the plaintiff from Wardwell & Bardwell $693.95, but that Hall was neither individually liable to the plaintiff, nor jointly with Wardwell A Bardwell. The facts sufficiently appear in the opinion of the…
1Opinion of the Court
By the Court, Harris, J.
Wardwell A Bardwell were engaged in business at Albany, as partners. The defendant Hall resided in Providence in the state of Rhode Island. For several years prior to September, 1846, Wardwell °A Bardwell had been in the habit of sending to Hall various articles of produce, such as hay, flour, feed, Ac. to be sold. The arrangement between them was, that upon the sale of the property thus sent to Hall, he should return to Wardwell A Bardwell its cost and one half the profits, retaining the other half for his own compensar tion. It was proved, upon the trial, that on a…
2Cases cited1 opinion
- Burckle v. EckartCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by6 opinions
- Richardson v. . HughittNew York Court of Appeals · 1879
- Chapline, Lewis & Co. v. Conant & WheatWest Virginia Supreme Court · 1869
- Bradley v. WolffNew York Supreme Court · 1903
- Brinker v. Axos BankDistrict Court, S.D. California · 2023
- Macauley v. PalmerNew York Supreme Court · 1888
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