New York Supreme Court, 1820

Toland v. Murray

Toland v. Murray
New York Supreme Court · Decided May 15, 1820
18 Johns. 24

Counsel

H. Sedgwick, for the defendants,, D. B. Ogden, contra.

Toland v. Murray

Opinion of the Court

Per Curiam.

We see no reason to doubt the correctness of the decision at Nisi Prius. It is immaterial who was the real owner of the goods. They were received by the defendants of the plaintiff, who had a lawful right to commission them to sell the? goods as his sub-agents. They must account to him, as their immediate principal, so that he may settle with Mead. Toland has a prior lien on the goods, for advances which he may have made ; and he has *26a right to compel the defendants to account to him. (Drinkwater v. Goodwin, Cowp, 251. 3 Johns. Ch. Rep. 573.)

Motion for a new trial denied.

Judgment for the plaintiff.

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