Avery v. Leach
New York Supreme Court
Appeal from a judgment of tbe County Court of Madison county, affirming a judgment in favor of tbe plaintiff, recovered in a Justice’s Court. Tbe action was brought to recover for goods sold and delivered to tbe defendant.
1Opinion of the Court
Boardman, J.:
Tbe account sued upon was not impeached for fraud or mistake. Tbe evidence of value and sale was undisputed. Tbe sole defense was that the sale was to and for tbe benefit of defendant’s son; that tbe son was not the defendant’s agent or authorized to buy on defendant’s credit, and that the defendant did not purchase or have the goods, etc., sued for.
It is not necessary to determine whether the evidence was sufficient to sustain a conclusion that Niles Leach, the son, was defendant’s agent, or the defendant in fact had the goods and used them for his own benefit.
The evidence shows…
2Cases cited3 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- Towsley v. DenisonNew York Supreme Court · 1866
- Hall v. McKechnieNew York Supreme Court · 1856