Martin v. Livingston
Supreme Court of New Hampshire
Assumpsit, for beef, apples, and veal sold and delivered. Facts found by the court. The goods were brought from Goffstown and sold by the plaintiff at a store' in Manchester carried on by the defendant’s wife, for whom the defendant was a clerk without pecuniary interest in the stock. The defendant bargained with the plaintiff for the goods, the plaintiff supposing that the defendant was carrying on the business of the store.
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Assumpsit, for beef, apples, and veal sold and delivered. Facts found by the court. The goods were brought from Goffstown and sold by the plaintiff at a store' in Manchester carried on by the defendant’s wife, for whom the defendant was a clerk without pecuniary interest in the stock. The defendant bargained with the plaintiff for the goods, the plaintiff supposing that the defendant was carrying on the business of the store. There was nothing to indicate who was the proprietor. The defendant made no representation by words or actions designed or intended to indicate ownership of the store,…
1Opinion of the CourtBlodgett, J.
This case is not properly here. The facts reported simply afford competent evidence tending to prove or disprove the issue between the parties, and which might justify a verdict either way. In such a case, “the court will not assume to pronounce upon the weight of evidence.” Pray v. Burbank, 11 N. H. 290; Howard v. Farr, 18 N. H. 457, 459; Whitcher v. Dexter, 61 N. H. 91, 92; Jones v. Aqueduct, 62 N. H. 488.
Whether the defendant assumed a personal liability, as claimed by the plaintiff, and whether the circumstances attending the transaction were such as should have put the plaintiff on…
2Cases cited5 opinions
- Preston v. CutterSupreme Court of New Hampshire · 1887
- Jones v. Proprietors of the Portsmouth AqueductSupreme Court of New Hampshire · 1883
- Whitcher v. DexterSupreme Court of New Hampshire · 1881
- Janvrin v. JanvrinSupreme Court of New Hampshire · 1880
- Kaulback v. ChurchillSupreme Court of New Hampshire · 1879
3Cited by3 opinions
- Champollion v. CorbinSupreme Court of New Hampshire · 1901
- Dame v. WoodsSupreme Court of New Hampshire · 1905
- Lewis v. DudleySupreme Court of New Hampshire · 1900