Du Peirat v. Wolfe
New York Court of Appeals
Appeal from a judgment of the Supreme Court entered upon the report of a referee. The action was commenced in June, 1846, in the court of chancery by the plaintiff, in his own name, but really for “The proprietors of the United Vineyards of La Eochelle,” in France, an association or partnership, formed ■under the laws of France, against the defendant, who was their agent in the United States, for an account of his agency.
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Appeal from a judgment of the Supreme Court entered upon the report of a referee. The action was commenced in June, 1846, in the court of chancery by the plaintiff, in his own name, but really for “The proprietors of the United Vineyards of La Eochelle,” in France, an association or partnership, formed ■under the laws of France, against the defendant, who was their agent in the United States, for an account of his agency. The transactions between the parties related to five distinct shipments of brandies, one by the Eloise, one by the Alexander, one by the Eagle,' one by the Union, and one by…
1Opinion of the Court
Denio, Ch. J.
This suit was commenced by bill in the late court of chancery, and the principal object of it was to require the defendant to account for the proceeds of the sales of certain shipments of brandies by parties in France to the defendant in the city of New York. There were five shipments in all, by as many different vessels, made in the years 1844 and 1845, and they were made pursuant to a contract between the owners of the brandies, now represented by the plaintiff, and the defendant. By that contract the said owners constituted the defendant their sole agent.for the sale of their…
2Cases cited1 opinion
- MEREDITH v. United StatesSupreme Court of the United States · 1839
3Cited by3 opinions
- In re the Judicial Settlement of the Account of LummisNew York Surrogate's Court · 1917
- Dey v. DeySupreme Court of New Jersey · 1920
- State v. HansonNorth Dakota Supreme Court · 1981