King v. McEvoy
Massachusetts Supreme Judicial Court
Contract to recover damages of the defendant for the breach of an agreement to render an account of sales of spirituous liquors consigned to him by the plaintiff, and to pay the value of the liquors sold, and return the residue. At the trial in the superior court, upon facts proved which are stated in the opinion, Vose, J. ruled that the plaintiff was not entitled to recover, and a verdict was returned for the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtChapman, J.
It appears that in April 1860 the plaintiff, at Boston, consigned to the defendant, a trader doing business in Lowell, a quantity of rum, gin and whiskey, to be sold by the defendant, who was to furnish to the plaintiff an account of sales, pay him the value of what was sold, and return to him what should remain unsold, or the value thereof, at the rates mentioned in a schedule of the goods, made at the time. The action is for neglecting to render the account, to pay for what was sold, and to return or pay for what was unsold. The defence is, that the transaction was in violation of St. 1855,…
2Cases cited1 opinion
- General Interest Insurance v. RugglesSupreme Court of the United States · 1827
3Cited by1 opinion
- State v. Fidelity & Deposit Co. of MarylandWashington Supreme Court · 1938