Morse v. Elms

The several counts in the plaintiffs’ declaration allege, in substance, that in the autumn of 1877 they employed Thayer, one of the defendants, and furnished him with money to buy goods in Canada, to be sent to them in Boston; and that Thayer, without authority, sold the goods so purchased to Elms, the other defendant, in Canada, and the same were there wrongfully converted by both the defendants to their own use.

In his answer, Elms alleges that he bought the goods in question in good faith, and paid the full value of them to Thayer, who was fully authorized to sell; and that, upon the goods…