Quinn v. Carr — 11 N.Y. Sup. Ct. 259

Majority

p. 259

PATRICK QUINN, Plaintiff, v. WALTER CARR and others, Defendants.

Headnote

Contracts of agent—when principal not hound by.

The defendants, who were - commission: merchants in the city of New York, employed one Carr as their agent at .Norwich, New York, to solicit, obtain, and ship to them produce tó be sold on commission. The plaintiff delivered to Carr a quantity of butter to be shipped to defendants and sold on commission, upon the guarantee of'said Carr that it would bring thirty to thirty-three cents per pound, less commission. The defendant had. no knowledge of the guarantee, and had never given Carr any specific authority to bind them by such a guarantee. No evidence was given of any similar act of Carr. The butter having been sold for less than the price guaranteed, this action was brought to .-recover the.-differenee. 5¿Zd,-.-that Carr had no authority, either real or apparent, to make the contract, and that defendants were not. liable thereon.

p. 260

Motion for a new trial upon exceptions ordered to be heard in the first instance at the General Term, after a verdict for the plaintiff at the Circuit.

E. H. Prindle, for the plaintiff.

E. B. Thomas, for the defendants.

Opinion by

Present — ■ Learned, P. J., Boardman and James, JJ.

Motion for new trial granted, costs to abide the event.