Jones v. Hodgkins
Supreme Judicial Court of Maine
ON EXCEPTIONS. Trover. The facts are sufficiently stated in the opinion. The presiding judge instructed the jury, that if the defendant was employed by McLaine as a commission merchant to sell all of his logs, and if the defendant run the logs which remained in the boom until April, 1871, and sold them to Walker before the defendant had notice or knowledge of the sale of them by McLaine to the plaintiff, it was a defence to this action, notwithstanding McLaine had sold and…
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ON EXCEPTIONS. Trover. The facts are sufficiently stated in the opinion. The presiding judge instructed the jury, that if the defendant was employed by McLaine as a commission merchant to sell all of his logs, and if the defendant run the logs which remained in the boom until April, 1871, and sold them to Walker before the defendant had notice or knowledge of the sale of them by McLaine to the plaintiff, it was a defence to this action, notwithstanding McLaine had sold and conveyed the logs to the plaintiff before the defendant had taken the logs or sold them to Walker.
1Opinion of the CourtAppletoN, C. J.
The defendant is a commission merchant. One McLaine had a quantity of logs in the Penobscot boom, in the spring of 1870, which he employed the defendant to sell on commission. The defendant sold the logs which came through the boom that year to James Walker. A portion of the logs remaining in the boom through the winter -were, in the following April, run therefrom and sold and delivered by the defendant to said Walker, by whom they were manufactured and the lumber sold.
It appeared in evidence that in March, 1871, McLaine had sold the logs which remained in the boom to the plaintiff, but there…
2Cited by5 opinions
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- Klat v. Chrysler Corp.Michigan Supreme Court · 1938