Sheldon v. Paine

Assumpsit on the common counts to recover money collected by the defendant on execution, The plaintiff delivered an execution, in his favor against Burdick, to Meacham, a deputy of the defendant, who afterwards returned it to the clerk’s office, with his return indorsed, certifying that he had made $660 thereon, and could find no property out of which to make the residue. The plaintiff admitted the receipt of $500, and claimed in this suit the remaining $160. The plaintiff, subject to exception, proved, by the deputy, written authority from the plaintiff to him to sell the defendant’s goods…