Alsop v. Caines
New York Supreme Court
THIS was an action of assumpsit for goods sold and delivered. The defendant pleaded, 1, Non assumpsit; 2. That the goods S(M &c. if any, were. certain books, See. and that before and at ^me °f selling and delivering thereof, &c. one Isaac Riley carried on the trade of a bookseller, by the plaintiffs, under their name, style, and firm of, Sec. but, in truth, for the profit and account said Riley, and at his risk, &c. and while the said Riley so carried on the trade, &c. he,…
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THIS was an action of assumpsit for goods sold and delivered. The defendant pleaded, 1, Non assumpsit; 2. That the goods S(M &c. if any, were. certain books, See. and that before and at ^me °f selling and delivering thereof, &c. one Isaac Riley carried on the trade of a bookseller, by the plaintiffs, under their name, style, and firm of, Sec. but, in truth, for the profit and account said Riley, and at his risk, &c. and while the said Riley so carried on the trade, &c. he, the said Riley, by the plaintiffs, under their name, style, and firm,, &c. sold and delivered to the defendant, the…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The second plea states that at the time the goods were sold, ope Isaac Riley carried on trade, by the above plaintiffs, under their name and firm, but, in truth, for his own profit, and on his own account, and at his risk; and that Riley, by the plaintiffs, under the above firm3 sold and delivered the goods, &c. From this statement in the plea, it appears that the suit is well brought in the name of the present plaintiffs; for the plea admits that the plaintiffs were authorized to sell the goods in their own names. The promise will therefore be…
2Cited by8 opinions
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Steck v. Colorado Fuel & Iron Co.New York Court of Appeals · 1894
- Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
- Ward v. . WhitneyNew York Court of Appeals · 1853
- Wheeler v. RaymondNew York Supreme Court · 1825
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