Savage v. Blackstone Beef Co.
Massachusetts Supreme Judicial Court
Contract by a dealer in cattle for the price of certain cattle alleged to have been sold by him to the defendant, a corporation, through one Austin Davis, who was alleged to have been the authorized agent of the defendant. Writ dated May 26, 1913. In the Superior Court the case was tried before Wait, J., without a jury.
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Contract by a dealer in cattle for the price of certain cattle alleged to have been sold by him to the defendant, a corporation, through one Austin Davis, who was alleged to have been the authorized agent of the defendant. Writ dated May 26, 1913. In the Superior Court the case was tried before Wait, J., without a jury. At the close of the evidence, which is described in the opinion, the plaintiff asked the judge to make the following rulings: “1. Upon all the evidence A. Davis was the agent of the defendant to make for it the purchase of the property sued for. “2. Upon the evidence the…
1Opinion of the CourtCarroll, J.
April 22, 1913, the plaintiff sold cattle to one Davis and received, from Davis, his check dated one month ahead. After the check went to protest the plaintiff demanded payment from the defendant. The plaintiff contended that Davis was the agent of the defendant, and showed that on seven or eight occasions during the preceding winter he sold cattle to Davis as the defendant’s agent and received in payment therefor the defendant’s check. There was further evidence tending to corroborate the plaintiff.
On the other hand the defendant asserted that Davis never was its agent, that he was a cattle…
2Cases cited3 opinions
- Fry's v. Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1859
- Rice v. JamesMassachusetts Supreme Judicial Court · 1907
- Wright v. HerrickMassachusetts Supreme Judicial Court · 1880
3Cited by13 opinions
- Ricketts v. Kansas City Stock Yards Co. of MaineSupreme Court of Missouri · 1972
- Palmer v. Inhabitants of SumnerSupreme Judicial Court of Maine · 1935
- Orr Felt & Blanket Co. v. Sherwin Wool Co.Massachusetts Supreme Judicial Court · 1924
- Anderson v. Howe Scale Co.Supreme Court of Vermont · 1916
- Feldman v. Davey Development Co.Massachusetts District Court, Appellate Division · 1959
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