McConihe & Co. v. McMann
Supreme Court of Vermont
Sale of intoxicating liquors. Assumpsit for goods sold and delivered. Plea, general issue, trial by the court, November Term, 1854,— Peck, J., presiding.
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Sale of intoxicating liquors. Assumpsit for goods sold and delivered. Plea, general issue, trial by the court, November Term, 1854,— Peck, J., presiding. The plaintiffs claimed to recover for a bill of liquors sold to the defendant, February 28, 1851, amounting to $233,31, and for several other bills of liquors sold to him after that time amounting to about $350,00, after deducting payments therefor to the amount of about $173,00. It appeared that, during that time the plaintiffs were doing business in Troy, N. Y.; that a short time previous to the 28th of February, 1851, one Gaylard was at…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
No well grounded objection can be made to the plaintiffs’ right to recover for the bill of liquors sold on the 28th of February, 1851. They were sold hi the state of New York, and no acts were done in this state by the jjlaintiffs, or any authorized agent of theirs, to induce the sale. Though Gaylard recommended the defendant as worthy of credit, and sent on his order for the liquors, yet it is found that he then acted solely at the request of the defendant, and purely in his behalf, and was not at that time in the employ of the plaintiffs.…
2Cases cited2 opinions
- Speed v. CrawfordCourt of Appeals of Kentucky · 1860
- Territt v. BartlettSupreme Court of Vermont · 1849
3Cited by6 opinions
- Gaylord v. SoragenSupreme Court of Vermont · 1859
- Jacobs v. Clark and ClarkSupreme Court of Vermont · 1942
- Green v. CollinsU.S. Circuit Court for the District of Massachusetts · 1871
- Samuel Bowman Distilling Co. v. NuttSupreme Court of Kansas · 1886
- Sawyer v. ThomasMissouri Court of Appeals · 1905
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