Cumberland Glass Manufacturing Co. v. Atteaux
Massachusetts Supreme Judicial Court
Contract for $942.86, with interest from January 1, 1900, with a count on an account annexed and a special count on a contract of guaranty which is printed below. Writ dated July 6, 1900. The contract declared upon was as follows: “ Boston, Aug. 3, 1894. “ Cumberland Glass Mfg.
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Contract for $942.86, with interest from January 1, 1900, with a count on an account annexed and a special count on a contract of guaranty which is printed below. Writ dated July 6, 1900. The contract declared upon was as follows: “ Boston, Aug. 3, 1894. “ Cumberland Glass Mfg. Co. Bridgeton N. J. /‘Dear Sirs: “In the future, please bill all goods ordered of you to the Grocers Specialty Co. instead of F. E. Atteaux & Co. Kindly note that the address is changed to 26 India Square. We notice that you shipped these to 37 India Wharf, Boston. Our concern is not and never has been located at that…
1Opinion of the CourtHammond, J.
As bearing upon the probability of the defendant’s story that before the delivery of the goods in question he had informed the plaintiff’s president that he was about to sell out his interest as shareholder in the Grocers Specialty Company, and his further statement that in pursuance of that intention he did thereafter, in the latter part of 1898, sell his shares of stock to Ward, we think the plaintiff was entitled to show that as late as November 1, 1899, such a conveyance had not been made.
In view of the evidence of Ward, who was the treasurer of the Grocers Specialty Company, that many of…
2Cases cited1 opinion
- Binney v. RussellMassachusetts Supreme Judicial Court · 1871
3Cited by2 opinions
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