Chickering v. Hosmer
Massachusetts Supreme Judicial Court
Assumpsit for money had and received. At the trial, which was had before the Chief Justice, at the last November term, it was in evidence, that, in November, 1810, the plaintiff sent to New Orleans, in a trunk having the initials of his name upon it, by one Amasa Kingsbury, a small adventure, consisting of saddles, bridles, &c., to be sold and accounted for to the plaintiff upon reasonable commissions.
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Assumpsit for money had and received. At the trial, which was had before the Chief Justice, at the last November term, it was in evidence, that, in November, 1810, the plaintiff sent to New Orleans, in a trunk having the initials of his name upon it, by one Amasa Kingsbury, a small adventure, consisting of saddles, bridles, &c., to be sold and accounted for to the plaintiff upon reasonable commissions. While in New Orleans, Kingsbury, not being able to sell the goods satisfactorily, left them with Hosmer, the defendant, taking his receipt and promise to account with him. Hosmer sold the…
1Per curiam
The argument of the defendant’s counsel in this case, which was ingenious and well supported by authorities, has gone altogether upon the ground that there was no such privity 'between the plaintiff and defendant as would be a legal foundation for an implied promise.
We do not think it necessary to decide this point; as there was full evidence in the case of an express promise, which is sufficient to maintain the issue on the part of the plaintiff, if there was a legal consideration for it ; because such a promise, under the circumstances of this case, would amount to an acknowledgment that…
2Cases cited4 opinions
- Thompson v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1823
- Kinder v. ShawMassachusetts Supreme Judicial Court · 1807
- Kelley v. MunsonMassachusetts Supreme Judicial Court · 1811
- Dow v. PrescottMassachusetts Supreme Judicial Court · 1815
3Cited by1 opinion
- Martin v. MoultonSuperior Court of New Hampshire · 1837