Pope v. Barrett
U.S. Circuit Court for the District of Massachusetts
Assumpsit. The first count was for $7,000,. money had and received of the plaintiffs [Henry Pope and others]. The second count charged, that the defendant [Charles Barrett] was bailiff of the plaintiffs of 23 packages of goods of the value of $7,000 “to sell and dispose thereof to the best advantage,” and in. consideration thereof “promised the plaintiffs to render them a reasonable account thereof on demand,” and alleged that the defendant, though specially requested, had…
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Assumpsit. The first count was for $7,000,. money had and received of the plaintiffs [Henry Pope and others]. The second count charged, that the defendant [Charles Barrett] was bailiff of the plaintiffs of 23 packages of goods of the value of $7,000 “to sell and dispose thereof to the best advantage,” and in. consideration thereof “promised the plaintiffs to render them a reasonable account thereof on demand,” and alleged that the defendant, though specially requested, had not rendered, any reasonable account. The plea was the general issue. At the trial it appeared among other things in…
1Opinion of the Court
STORY, Circuit Justice,
after summing up the facts, directed the jury, that if they were satisfied from the evidence, that the defendant became the agent, consignee, or factor of the plaintiffs (which appeared to him very strongly in proof), then, as the defendant had utterly refused to render any account of his sales, that the most unfavorable presumptions, which the evidence would admit of, ought to be made against him, in respect to the amount and value of the goods sold and unaccounted for. That as the case was principally supported by the# written confessions of the defendant, those…
2Cases cited4 opinions
- People v. GasherieNew York Supreme Court · 1812
- Hendricks v. FranklinNew York Supreme Court · 1809
- Delaware Insurance v. DelaunieSupreme Court of Pennsylvania · 1811
- Commonwealth v. CrevorSupreme Court of Pennsylvania · 1810
3Cited by5 opinions
- Insurance Co. v. PiaggioSupreme Court of the United States · 1873
- Pulliam v. PulliamUnited States Circuit Court · 1881
- Godbe v. YoungUtah Supreme Court · 1876
- Switzer & Switzer v. ConnettSupreme Court of Missouri · 1847
- Stone v. LawrenceU.S. Circuit Court for the District of District of Columbia · 1830