Smith & Lougee v. Smith & Bannister
Superior Court of New Hampshire
Assumpsit, on an account and promissory note. The case was committed to an auditor, from whose report the following facts appeared : The plaintiffs’ account consisted of nine separate bills, numbered from 1 to 9, inclusive, as follows: 1849, March 24. Amount of bill No. 1,..........$238,15 “ June 20. “ “ “ “ 2,.............89,25 “ July 21. « “ “ “ 3,............593,25 « Sept. 24. « “ “ “ 4,............322,24 “ Oct. 1. ' “ “ “ “5,.............88,90 1850, March 15. « “ “ “…
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Assumpsit, on an account and promissory note. The case was committed to an auditor, from whose report the following facts appeared : The plaintiffs’ account consisted of nine separate bills, numbered from 1 to 9, inclusive, as follows: 1849, March 24. Amount of bill No. 1,..........$238,15 “ June 20. “ “ “ “ 2,.............89,25 “ July 21. « “ “ “ 3,............593,25 « Sept. 24. « “ “ “ 4,............322,24 “ Oct. 1. ' “ “ “ “5,.............88,90 1850, March 15. « “ “ “ 6,.............76,70 “ July, 29. “ « “ « 7,............323,29 “ Aug. 6. “ “ “ “8,.............23,22 1851, Jan. 14. “ “ « “…
1Opinion of the CourtEastman, J.
Upon the principles laid down in Wolsey Sf Bailey Sf al., decided at the present term, (ante, p. 217,) the sale of the liquors, which go to make up the principal part of the plaintiffs’ claim, took place in Boston. The facts disclosed by the auditor show that, notwithstanding the negotiations which took place in this State, between the defendants and Brown, and also with one of the plain*252tiffs, the goods were not delivered until they were sent to the depot, in Boston, and the sale was not complete till then.
No contract had been made between the parties which the defendants could enforce, and…
2Cases cited14 opinions
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- Muldon v. WhitlockNew York Supreme Court · 1823
- Fry's v. Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1859
- M'Donald v. HewettNew York Supreme Court · 1818
- Schemerhorn v. LoinesNew York Supreme Court · 1810
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