Conkey v. Bond
New York Supreme Court
PPEAL from a judgment entered at a special term, dismissing the complaint, with costs. The action was brought to rescind a sale of certain stock, to the plaintiff, by the defendant. The essential facts appearing on the trial are stated in the opinion of Justice Bacon. I. The facts as found by the court constituted, in law, the defendant an agent of the plaintiff in the transaction of purchasing the stock.
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PPEAL from a judgment entered at a special term, dismissing the complaint, with costs. The action was brought to rescind a sale of certain stock, to the plaintiff, by the defendant. The essential facts appearing on the trial are stated in the opinion of Justice Bacon. I. The facts as found by the court constituted, in law, the defendant an agent of the plaintiff in the transaction of purchasing the stock. It was an “ authorizing by one person of another to do acts”—• a “ confiding to another” the management of some business to be transacted in his name or on Ms account. This, in law,…
1Opinion of the CourtBacon, P. J.
The facts of this case, so far as they are necessary to be understood to present the question of law arising from them, are very few, and without dispute. They rest in part upon documentary evidence, and in part upon testimony which is unimpeached and uncontradicted. They are embraced substantially in the following brief statement. In January, 1857, the defendant was the owner of a number of shares of the Oswego River Starch Company, and the *284agent df the company in the city of New York for disposing of its manufacture. In an interview at that date between the parties, in New York, after a…
2Cases cited3 opinions
- New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Utica Insurance v. Toledo InsuranceNew York Supreme Court · 1853
3Cited by12 opinions
- Jansen v. WilliamsNebraska Supreme Court · 1893
- Conkey v. . BondNew York Court of Appeals · 1867
- Kansas Pacific Railway Co. v. MillerSupreme Court of Colorado · 1874
- Porter v. WoodruffNew Jersey Court of Chancery · 1882
- Marye v. StrouseUnited States Circuit Court · 1880
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