Merrill v. Kenyon
Supreme Court of Connecticut
Assumpsit for goods sold; brought to the Court of Common Pleas, and tried to the jury on the general issue before Mather, J. On the trial it was agreed that the goods for the value of which' the action was brought were delivered to one George A. Hoyle, who was carrying on the business of a saloon-keeper in Norwich, ostensibly on his own account, and that the credit was given by the plaintiffs to Hoyle.
Read the full summary
Assumpsit for goods sold; brought to the Court of Common Pleas, and tried to the jury on the general issue before Mather, J. On the trial it was agreed that the goods for the value of which' the action was brought were delivered to one George A. Hoyle, who was carrying on the business of a saloon-keeper in Norwich, ostensibly on his own account, and that the credit was given by the plaintiffs to Hoyle. It was claimed by the defendant that the plaintiffs knew that Hoyle was doing business as an agent when they sold the goods, but this was denied by the plaintiffs. The plaintiffs claimed that…
1Opinion of the CourtPark, C. J.
No complaint is made of that part of the charge in which the court instructed the jury that, if the plaintiffs did not know at the time of the sale that Hoyle was acting as agent, and as soon as they discovered that he was so, elected to make his principal their debtor, they had a *318right to recover, and that they were not obliged to make their election upon a mere rumor, but had a right to have reliable information to act upon; but exception is taken to tha^ part of the charge in which the judge said—“If the plaintiffs knew, while they were furnishing the goods, that Hoyle was an agent, but…
2Cases cited3 opinions
- Fry's v. Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1859
- Davidson v. Borough of BridgeportSupreme Court of Connecticut · 1831
- Freeman v. BenedictSupreme Court of Connecticut · 1871
3Cited by15 opinions
- Zaist v. OlsonSupreme Court of Connecticut · 1967
- Tyler v. WaddinghamSupreme Court of Connecticut · 1890
- Klepp Wood Flooring Corporation v. ButterfieldSupreme Court of Connecticut · 1979
- Frederick Raff Co. v. GoebenSupreme Court of Connecticut · 1932
- Kossover v. Willimantic Trust Co.Supreme Court of Connecticut · 1936
10 more not listed; retrieve them via the Exa API.