Honegger v. . Wettstein
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 8, 1882, which affirmed a judgment in favor of defendants, entered upon a verdict, and also affirmed an order of Special Term, making Feodore Mierson, as receiver of the assets of the firm of Wettstein, Oehninger & Co., a party defendant, and giving him leave to appear and defend.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 8, 1882, which affirmed a judgment in favor of defendants, entered upon a verdict, and also affirmed an order of Special Term, making Feodore Mierson, as receiver of the assets of the firm of Wettstein, Oehninger & Co., a party defendant, and giving him leave to appear and defend. (Reported below, 15 J. & S. 125.) The nature of the action and the material facts are stated in the opinion. It was not illegal for plaintiffs to take the risks of the consignment. (Brooks v.…
1Opinion of the CourtMiller, J.
This action was brought by the plaintiffs, to recover a balance of $19,492.91 for goods sold and delivered, consigned or caused to be consigned, and for commissions and moneys paid out.
The plaintiffs are residents of Zurich in Switzerland, and in October, 1875, the firm of Wettstein, Oehninger & Co., of the city of Hew York, ordered goods to be manufactured for them by the plaintiffs, at the price of the material at the time of the order and the cost of manufacturing them. Before the goods were manufactured and shipped, goods of that kind had declined in price in the market of Zurich, from…
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