Bertoli v. E. L. Smith & Co.
Supreme Court of Vermont
Assumpsit. Plea, tke general issue. Trial by jury at the September Term, 1896, Washington County, Taft, J., presiding. The defendants requested the court to instruct the jury that if the agent was authorized to sell the tablets, and sold them in his own name without disclosing the principal, and the defendants had no knowledge of the truth, and there was nothing to excite their suspicion, they were entitled to set off any claim they had against the agent, as if the suit had…
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Assumpsit. Plea, tke general issue. Trial by jury at the September Term, 1896, Washington County, Taft, J., presiding. The defendants requested the court to instruct the jury that if the agent was authorized to sell the tablets, and sold them in his own name without disclosing the principal, and the defendants had no knowledge of the truth, and there was nothing to excite their suspicion, they were entitled to set off any claim they had against the agent, as if the suit had been brought in his name. The instruction was refused and the jury were told that the agent would have no right to sell…
1Opinion of the CourtMunson, J.
The tablets for which the plaintiff seeks to recover were sold to the defendants by one W. A. Rice, who received credit for them on an account which the defendants had against him. The plaintiffs’ evidence tended to show that he was the owner of the tablets, and had specially authorized Rice to make the sale. The defendants’ evidence tended to show that the plaintiff’s ownership was not disclosed, and that they bought with an understanding that Rice was the owner.
The plaintiff testified that when he called upon the defendants for payment they told him they had paid Rice, and that he…
2Cases cited5 opinions
- State v. GlynnSupreme Court of Vermont · 1879
- White v. WhiteSupreme Court of Vermont · 1896
- Lapham v. GreenSupreme Court of Vermont · 1837
- Luther Cross & Co. v. HaskinsSupreme Court of Vermont · 1841
- Squires v. BarberSupreme Court of Vermont · 1865
3Cited by4 opinions
- State v. LongSupreme Court of Vermont · 1922
- Hyde v. Town of SwantonSupreme Court of Vermont · 1900
- State v. BairdSupreme Court of Vermont · 1906
- State v. RiggleWyoming Supreme Court · 1956