Folsom v. Batchelder
Superior Court of New Hampshire
Assumpsit, to recover the price of a load of potatoes. The writ was dated January 5, 1848. Plea, the general issue. It appeared that the plaintiff owned a farm in Epping, in this county, and that one West was his agent for selling the crops that grew on it. The defendant resided in North Hampton and was engaged in buying and selling potatoes in that town.
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Assumpsit, to recover the price of a load of potatoes. The writ was dated January 5, 1848. Plea, the general issue. It appeared that the plaintiff owned a farm in Epping, in this county, and that one West was his agent for selling the crops that grew on it. The defendant resided in North Hampton and was engaged in buying and selling potatoes in that town. One Brown, was also engaged in buying potatoes in different towns in the county, and carrying them into North Hampton, where he disposed of them to the defendant and others. The evidence tended to show that West, as the agent of the…
1Opinion of the CourtPerlex, J.
Were the statements made by Brown to Benjamin M. Folsom, competent evidence against the defendant ?
Benjamin F. Folsom went in behalf of the plaintiff, with his bill of the potatoes, to demand and receive payment. In this he acted as the plaintiff’s agent, and any statement made to him on the subject of his agency, would affect the defendant, precisely as if the same statement had been been made to the plaintiff himself; and in going to Brown and making the inquiries suggested by the defendant, he also acted as the plaintiff’s agent; and the answer of Brown to his inquiries, will have the same…
2Cases cited1 opinion
- Duval v. CovenhovenNew York Supreme Court · 1830
3Cited by1 opinion
- Nixon v. BrownSupreme Court of New Hampshire · 1876