Mitchell v. Belknap
Supreme Judicial Court of Maine
Assumpsit for goods sold and delivered, as by a bill of particulars annexed to the writ. The articles of the greatest bulk and weight were casks of liquor, no one containing a greater quantity than forty-five gallons, and barrels of sugar. At the trial before Shepley J. the plaintiffs introduced their books of original entries, on which the commencement of the account in suit was thus.
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Assumpsit for goods sold and delivered, as by a bill of particulars annexed to the writ. The articles of the greatest bulk and weight were casks of liquor, no one containing a greater quantity than forty-five gallons, and barrels of sugar. At the trial before Shepley J. the plaintiffs introduced their books of original entries, on which the commencement of the account in suit was thus. “ Mr. S. F. Belknap to C. C. Mitchell & Son, Dr. 1842. To goods delivered United States Hotel, Sep. 21. One bbl. St. C. Rum, 41 J-2 gallons, $41,50.” To prove the delivery of the articles as charged, the…
1Opinion of the Court
The opinion of the Court was drawn up by
Tt'.wnv, J. -
This is an action of assumpsit for goods, wares and merchandize sold and delivered, and appearing from the bill annexed to the writ of various kinds, and sold at different times, during a period of almost two years. It was admitted by the plaintiffs, that the defendant did,not personally receive any of the articles, nor was he present at the delivery thereof. The plaintiffs were permitted by the presiding J udge to introduce to the jury their books, supported by their oaths, against the objection of the other party; and they testified *478that…
2Cited by3 opinions
- Radtke v. TaylorOregon Supreme Court · 1922
- Sneider v. Big Horn Milling Co.Wyoming Supreme Court · 1921
- Bailey v. HarveySupreme Court of New Hampshire · 1880