Hoppock v. Moses
New York Court of Appeals
Appeal by the plaintiffs from a judgment of the general term affirming a judgment of nonsuit entered at special term. This action was commenced and tried in the life-time of the defendant, Chester Moses, to recover the price of certain goods sold to him through his agent, amounting to $10,-464 67. On the trial it appeared that the plaintiffs were merchants, doing business in the city of New York.
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Appeal by the plaintiffs from a judgment of the general term affirming a judgment of nonsuit entered at special term. This action was commenced and tried in the life-time of the defendant, Chester Moses, to recover the price of certain goods sold to him through his agent, amounting to $10,-464 67. On the trial it appeared that the plaintiffs were merchants, doing business in the city of New York. That the defendant was a manufacturer of cloth, carrying on that business, and residing at Marcellus, in this state. That he had an insolvent son named Curtis H. Moses, who had failed in business,…
1Opinion of the Court
Church, Ch. J.
—The difficulty with the plaintiff’s case is, that there was no evidence that the defendant’s testator was a member of the firm of Moses & Whallon, to whom they sold the goods in question.
Curtis Moses had previously carried on business as the agent of the defendant’s testator, and had, as such agent, purchased goods of the plaintiffs, and if these purchases had been made in the same way and in the name and upon the credit of Chester Moses, without notice that the agency had ceased, the latter would have been bound; but an agency to transact business for an individual is…
2Cases cited3 opinions
- Palmer v. StephensCourt for the Trial of Impeachments and Correction of Errors · 1845
- Kirby v. HewittNew York Supreme Court · 1858
- Callanan v. Van VleckNew York Supreme Court · 1862
3Cited by3 opinions
- Foster v. . BookwalterNew York Court of Appeals · 1897
- Parker v. PaineAppellate Terms of the Supreme Court of New York · 1902
- Parker v. PaineAppellate Terms of the Supreme Court of New York · 1902