Vianna v. Barclay
New York Supreme Court
Case, by the plaintiffs, merchants in Portugal, against the defendants, commission merchants in New- York, for selling a quantity of port wine, consigned by the former to the latter, at a less price than directed, tried at the New-York sittings, November 4th, 1821. ° At the trial, the consignment and delivery of the wine were proved ; and the only dispute was, whether the defendants had acted fraudulently or negligently, or had violated v ° ° J e the plaintiffs’…
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Case, by the plaintiffs, merchants in Portugal, against the defendants, commission merchants in New- York, for selling a quantity of port wine, consigned by the former to the latter, at a less price than directed, tried at the New-York sittings, November 4th, 1821. ° At the trial, the consignment and delivery of the wine were proved ; and the only dispute was, whether the defendants had acted fraudulently or negligently, or had violated v ° ° J e the plaintiffs’ instructions, by selling below the price to which they were limited; or, if they had done the latter, whether the plaintiffs had not…
1Opinion of the Court
Curia,
per Woodworth, J.
From a review of the tesiimony, it appears, very satisfactorily, that the defendants used reasonable diligence to make sale of the wine to the best advantage. I have not discovered any ground for the *282imputation of fraud, while acting as agents and factors of the. pla'ntiSs 5 and if the defendants ave liable, it naust be on the ground of a departure from instructions given, as to the terms of sale. This is a question of fact, the decision of which must depend upon the construction of the correspondence between the parties. There is nothing explicit on this point. The…
2Cases cited1 opinion
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