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Morey v. Webb

Court of Appeals of the State of New York
Sep 22, 1874
58 N.Y. 350 (N.Y. 1874)

Opinion

Argued June 19, 1874

Decided September 22, 1874

George W. Smith for the appellant. Francis Kernan for the respondent.



According to the course of dealing between these parties, the shipment of the cheese bought by Chapman for Webb, Turner Co. usually, if not invariably, preceded the payment of the price. No notice to the plaintiff was shown that Chapman's authority was limited to purchases for cash on delivery. On the contrary, the plaintiff testified that he had no knowledge of any such restriction. Chapman was introduced to him by one of the defendants' firm, as authorized to purchase cheese for them. With defendants' knowledge, he put up a sign as agent for them. His dealings as such agent were numerous and extensive. The cheese was delivered, marked and shipped to the defendants according to Chapman's directions, and regularly paid for at a subsequent time, with the exception of the three lots now in controversy. We see no ground upon which the judgment should be disturbed.

Judgment affirmed, with costs.

All concur; GROVER, J., in result.

Judgment affirmed.


Summaries of

Morey v. Webb

Court of Appeals of the State of New York
Sep 22, 1874
58 N.Y. 350 (N.Y. 1874)
Case details for

Morey v. Webb

Case Details

Full title:NEWELL MOREY, Respondent, v . JOHN M. WEBB et al., Appellants

Court:Court of Appeals of the State of New York

Date published: Sep 22, 1874

Citations

58 N.Y. 350 (N.Y. 1874)

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