Greene v. Goddard
Massachusetts Supreme Judicial Court
This was an action of assumpsit to recover damages for a breach of a contract alleged to have been made by the defendant with the plaintiffs, as implied by law, on the facts hereinafter stated. At the trial before Hubbard, J. the evidence introduced by the parties showed, in substance, the following facts: On the 1st of March 1836, Messrs.
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This was an action of assumpsit to recover damages for a breach of a contract alleged to have been made by the defendant with the plaintiffs, as implied by law, on the facts hereinafter stated. At the trial before Hubbard, J. the evidence introduced by the parties showed, in substance, the following facts: On the 1st of March 1836, Messrs. T. Wiggin &• Co., of the city of London in England, bankers, by their duly authorized agent, Robert Hooper, jr., at Boston, granted to the defendant a letter of credit, of which the following is a copy: “ Boston, March 1, ■ 1836. I hereby authorize Messrs.…
1Opinion of the CourtHubbard, J.
As the defendant’s name does not appear on the bills of exchange drawn by the plaintiffs upon Messrs. T Wiggin & Co., he cannot be liable for any damages arising to the plaintiffs in consequence of the non-payment of the bills by the acceptors, unless upon some separate agreement existing between him and the plaintiffs. If the plaintiffs *220were merely vendors of goods to the defendant, and took the written authority of the agent of Wiggin & Co. to draw on them for £6000, in payment therefor, then they have no claim on the defendant; but their remedy, if they have any, can only be against Wiggin…
2Cases cited3 opinions
- Powell v. TrusteesNew York Supreme Court · 1822
- Ramsay v. GardnerNew York Supreme Court · 1814
- D'Arcy v. LyleSupreme Court of Pennsylvania · 1813
3Cited by3 opinions
- Coles v. . Lumber Co.Supreme Court of North Carolina · 1909
- C. B. Coles & Sons Co. v. Standard Lumber Co.Supreme Court of North Carolina · 1909
- Buettner v. Schluderberg-Kurdle Co.Baltimore City Superior Court · 1928