Rowan v. Buttman
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Llarine Court at General Term. The action was brought to recover the value of sixty barrels of flour, alleged to have been purchased of the plaintiff by the defendant by and through his clerk and agent, T. Oest, in May and July, 1S62. The answer set up that any flour purchased of the plaintiffs by Oest, was purchased by Mm, and was sold to him by the plaintiffs on his own credit, and without any power or authority from the…
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Appeal by the defendant from a judgment of the Llarine Court at General Term. The action was brought to recover the value of sixty barrels of flour, alleged to have been purchased of the plaintiff by the defendant by and through his clerk and agent, T. Oest, in May and July, 1S62. The answer set up that any flour purchased of the plaintiffs by Oest, was purchased by Mm, and was sold to him by the plaintiffs on his own credit, and without any power or authority from the defendant to purchase the same. It appeared on the trial that -the defendant, who had been proprietor of the Washington…
1Opinion of the Court
By the Court.
Daly, F. J.
It appeared that Oest carried on the same business, at the same place, under the same title, that of the Washington Bakery, for at least fourteen months anterior to the agreement in writing entered into between him and the defendant. In this agreement the defendant is .declared to be the owner of the fixtures and of the stock in trade, and by if Oest agrees to carry on the business for the defendant’s benefit, who was a grocer, at the compensation of twelve dollars a week, and one-fourth of the profits that might he realized beyond that. How or when the defendant…
2Cases cited1 opinion
- Rathbone & Banks v. Tucker & CarterNew York Supreme Court · 1836
3Cited by4 opinions
- Daly v. MouroeCity of New York Municipal Court · 1885
- English v. RauchfussAppellate Terms of the Supreme Court of New York · 1897
- Foster v. PerschNew York Court of Common Pleas · 1875
- Kayton v. BarnettThe Superior Court of New York City · 1886