D'Wolf v. Babbett

STORY, Circuit Justice,

in summing up to the jury, said: If in this case there has been an absolute and unconditional delivery of the sugars to George D’Wolf, unaffected by fraud, the plaintiff is entitled to recover. So far as regards the 102 boxes of sugar delivered on Saturday, as that was after the terms of the personal credit had expired, which the counsel for the plaintiff supposes to exist, the delivery can be maintained as valid, only upon the supposition, that the whole transaction was bona fide, and the defendant, Babbett waived a compliance with the terms. At that time D’Wolf had…