Gardner v. Bean
Massachusetts Supreme Judicial Court
Contract upon an account annexed for goods sold and delivered. Answer, a general denial. Writ dated April 12, 1876. At the trial in the Superior Court, before Dewey, J., the report of an auditor was introduced in evidence, who found that the credit was originally given to Hiram P. Bean, the husband of the defendant, and the bill charged to him upon the plaintiffs’ books; that the goods were delivered to him; that he was acting as agent for his wife; and that there was due…
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Contract upon an account annexed for goods sold and delivered. Answer, a general denial. Writ dated April 12, 1876. At the trial in the Superior Court, before Dewey, J., the report of an auditor was introduced in evidence, who found that the credit was originally given to Hiram P. Bean, the husband of the defendant, and the bill charged to him upon the plaintiffs’ books; that the goods were delivered to him; that he was acting as agent for his wife; and that there was due the plaintiffs the sum of $379.16, with interest from the date of the writ. The auditor also found that fourteen days…
1Opinion of the Court
By the Court.
The instruction to the jury was correct. The fact that the plaintiffs originally charged the goods to the agent, with whom they dealt, did not preclude them from resorting to the principal, when afterwards discovered. The statement, in their petition in bankruptcy against the agent, that he owed them this debt, was not conclusive against their right to maintain this action which they had already brought against the principal, and was rightly submitted to the jury, with all the evidence in the case. Raymond v. Crown & Eagle Mills, 2 Met 319. Exceptions overruled.
2Cited by12 opinions
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- Colvert Ice Cream & Dairy Products Co. v. Citrus Products Co.Supreme Court of Oklahoma · 1937
- Maynard v. FabyanMassachusetts Supreme Judicial Court · 1929
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