New York Slate Co. v. Osgood
Massachusetts Supreme Judicial Court
Assumpsit for a quantity of slates sold by the plaintiffs to the defendants. At the trial of the cause on the general issue before Parker, J., at the last November term in this county, it was agreed [ * 61 ] * that the plaintiffs were duly incorporated, and that Joseph Eckley and David J. Eckley, of Boston, are the agents of the said company, appointed under its corporate seal, to sell for said company on a del credere commission of seven and a half per cent.
Read the full summary
Assumpsit for a quantity of slates sold by the plaintiffs to the defendants. At the trial of the cause on the general issue before Parker, J., at the last November term in this county, it was agreed [ * 61 ] * that the plaintiffs were duly incorporated, and that Joseph Eckley and David J. Eckley, of Boston, are the agents of the said company, appointed under its corporate seal, to sell for said company on a del credere commission of seven and a half per cent. The slates, for the price of which this action was brought, were sold to the defendants by the said Eckleys, who delivered them a bill…
1Per curiam
The question of the admissibility of Mr. Echley, as a witness in support of this action, seems to be decided by the facts agreed by the parties. It is stated that J. 8f D. J. Eclcley were the agents of the plaintiffs, duly constituted by them, to sell their goods on a del credere commission; that is, the agents were liable to their principals for the amount of their sales, deducting their commissions. Supposing Mr. E. so to testify, he must prove himself directly interested in the event of the suit. The action must, on any supposition, be carried on for the benefit of the agents, either for…
2Cited by1 opinion
- Brown v. BabcockMassachusetts Supreme Judicial Court · 1807