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58 N.Y. 350

Morey v. . Webb

New York Court of Appeals

Decided September 22, 1874

New York Court of Appeals · decided 1874-09-22

This action was brought to recover a balance alleged to be due plaintiff for divers lots of cheese sold and delivered to the defendants. The purchases were made on behalf of the defendants by one Chapman, as their agent.

Cited by 1 later decisions — most recently October 1954

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1874-09-22

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Rapallo, J.

¶1 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. Bo 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.

¶2 Judgment affirmed, with costs.

¶3 All concur; Grover, J., in result.

¶4 Judgment affirmed.

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