Gould v. Blodgett
Supreme Court of New Hampshire
Assumpsit, for the price of a horse-rake. The plaintiff asked leave to amend, by filing a count in trover for the rake. , Facts found by a referee.
Read the full summary
Assumpsit, for the price of a horse-rake. The plaintiff asked leave to amend, by filing a count in trover for the rake. , Facts found by a referee. The plaintiff was agent of Stoddard & Co., of Dayton, Ohio, for the sale of rakes, which were billed to him at $24 each, at Boston, to be sold by him at such prices as he could get above cost; and all rakes were to remain the property of Stoddard & Co. until paid for by the plaintiff, in cash or guaranteed notes; and all notes and accounts for the sale of the rakes were to be the property of Stoddard & Co. until paid. In June, 1879, the plaintiff…
1Opinion of the CourtClark, J.
Quimby, as the agent of the plaintiff, was authorized to sell the rakes upon certain conditions, but he had no authority to dispose of them in payment of his own debt. Holton v. Smith, 7 N. H. 446; Parsons v. Webb, 8 Me. 38; Easton v. Clark, 35 N. Y. 225; Rice v. Glass Co., 60 N. H. 195. The transaction between Quimby and the defendant was not a sale, but a delivery of the rake in part payment of Quimby’s indebtedness to the defendant. The defendant, in fact, paid nothing for it. The note which he held against Quimby was not delivered up, nor was any credit given on the J. P. Blodgett…
2Cases cited5 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Easton v. . ClarkNew York Court of Appeals · 1866
- Freeman v. UnderwooodSupreme Judicial Court of Maine · 1877
- Parsons v. WebbSupreme Judicial Court of Maine · 1831
- Rodick v. CoburnSupreme Judicial Court of Maine · 1878
3Cited by6 opinions
- Bohanan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Sanborn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
- Reed v. LinscottSupreme Court of New Hampshire · 1934
- Hayes v. ColbySupreme Court of New Hampshire · 1889
- Western Union Telegraph Co. v. Franklin Construction Co.Supreme Court of New Hampshire · 1899
1 more not listed; retrieve them via the Exa API.