Knapp v. Simon
The Superior Court of New York City
The litigation arises out of a transaction which took place about October 23, 1868, between the plaintiff and one Cobb, resulting in the sale by Cobb of certain wheat.
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The litigation arises out of a transaction which took place about October 23, 1868, between the plaintiff and one Cobb, resulting in the sale by Cobb of certain wheat. The complaint alleges that the plaintiff bought the said wheat from said Cobb for the defendants, at their request, as their broker, that the wheat was. delivered to defendant, that the total of the purchase money ■ with charges for measuring and towage, and interest thereon on October 28, 1869, amounted to $5,425.40, upon which day defendants paid said Cobb the sum of $1,688.32, leaving due and unpaid' the sum of $3,737.04,…
1Opinion of the Court
By the Court.—Sedgwick, Ch. J.—The
complaint alleged that, in October, 1868, the defendants requested the plaintiff to purchase, as broker, for them certain wheat of Carlos Cobb, and that the plaintiff, as such broker, did buy for the defendants the wheat for $5,064; that in October, 1868, the defendants paid said Carlos Cobb $1,688, leaving the sum of $3,737 due, which the defendants never paid; that thereafter said Carlos Cpbb sued the plaintiff for the price and value of the wheat remaining unpaid and recovered judgment against him for the amount claimed ; “ that the said Cobb recovered the…
2Cases cited1 opinion
- Knapp v. . SimonNew York Court of Appeals · 1881