Linsley v. Lovely
Supreme Court of Vermont
Assumpsit for goods sold and delivered. Plea, the general issue, and trial by jury. The plaintiff claimed to recover of the defendant the amount of two bills of goods, sold by him to the defendant on the second and fourth day of May, 1848, and the other on the seventh day of June following, both bills amounting to over eight hundred dollars. That plaintiff was a silk and fancy goods merchant in the city of New York, and the defendant a merchant in Burlington.
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Assumpsit for goods sold and delivered. Plea, the general issue, and trial by jury. The plaintiff claimed to recover of the defendant the amount of two bills of goods, sold by him to the defendant on the second and fourth day of May, 1848, and the other on the seventh day of June following, both bills amounting to over eight hundred dollars. That plaintiff was a silk and fancy goods merchant in the city of New York, and the defendant a merchant in Burlington. No question was made but what the goods were received by the defendant, and that the same had not been paid for; and the sole defence…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The only question litigated in the court below, was whether the action was prematurely brought or not. The questions raised upon the bill of exceptions, are somewhat numerous ; and have been discussed with much ability by counsel 5 and it becomes the duty of the court to dispose of them, as far as the interest of the parties may require.
It is claimed by the plaintiff, that the bills of the goods sold and delivered to the defendant’s agent, at the time of the sale, embody the contract, and preclude the introduction of parol evidence to show…
2Cases cited2 opinions
- Bulkley & Wheeler v. DaytonNew York Supreme Court · 1817
- Enters v. PeresSupreme Court of Pennsylvania · 1830
3Cited by33 opinions
- Rush v. FrenchArizona Supreme Court · 1874
- Collins v. TillouSupreme Court of Connecticut · 1857
- State v. SlackSupreme Court of Vermont · 1897
- Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
- Cohen v. JackoboiceMichigan Supreme Court · 1894
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