White v. . Merritt
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where judgment had been rendered in favor of the defendant, upon demurrer to the declaration. This was an action on the case, to recover damages for the alleged fraudulent conduct of the defendants, as the plaintiff's agent.
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Appeal from the general term of the Superior Court of the city of New York, where judgment had been rendered in favor of the defendant, upon demurrer to the declaration. This was an action on the case, to recover damages for the alleged fraudulent conduct of the defendants, as the plaintiff's agent. The declaration alleged that the defendants, Merritt & Wheaton, were engaged in the business of collecting bills, for cattle sold by drovers, at the Bull’s Head market, in the city of New York. That it was the custom of the trade, for drovers to make sales to customers, for cash, to be paid on the…
1Opinion of the CourtWelles, J.
According to the plaintiff’s showing, he nad a good legal defence to the suit brought against him by the defendants, for their advance to him on the claim against Sammis, of which he neglected to avail himself. The suit was prosecuted to judgment, and the defendants recovered the amount of their advance, with interest, and the one per cent, which, by the contract, they were to receive as commissions. By the judgment, it is established, that it was legal and proper, that the plaintiff should pay the defendants the amount of their advance, with the interest and commissions, which is utterly…
2Cases cited1 opinion
- Benton v. PrattNew York Supreme Court · 1829
3Cited by22 opinions
- Rice v. . ManleyNew York Court of Appeals · 1876
- Glacius v. . FogelNew York Court of Appeals · 1882
- Ostrander v. . HartNew York Court of Appeals · 1892
- Fishman v. AlbertsMassachusetts Supreme Judicial Court · 1947
- Gerini v. Pacific Employers InsuranceCalifornia Court of Appeal · 1938
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