Pitts v. Mower
Supreme Judicial Court of Maine
Exceptions from the Middle District Court, Redington J. presiding. Assumpsit. The first count in the writ was on an account annexed, charging a “ horse power,” and the second and third set forth in different modes the facts on which the plaintiff relied to maintain bis action.
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Exceptions from the Middle District Court, Redington J. presiding. Assumpsit. The first count in the writ was on an account annexed, charging a “ horse power,” and the second and third set forth in different modes the facts on which the plaintiff relied to maintain bis action. The evidence at the trial is given in the exceptions, from which it appeared that Hiram A. Pitts was the agent of the plaintiff in selling articles called horse powers, and sold one to the defendants, taking their note therefor, running to himself, payable in specific articles, but stating to them at the time, that it…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
It has been decided, that the disclosure of a trustee and the judgment upon it are to be received in evidence only between those, who are parties to the suit. Wise v. Hilton, 4 Greenl. 435.
In this case the plaintiff was not a party to the suit in which the disclosure was made, and he is not bound by that judgment.
When an agent sells the goods of his principal and takes a promissory note payable to himself, the principal may interpose before payment, and forbid it to be made to his agent j and a payment to the agent after this will not be good. And the…
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