French v. Price
Massachusetts Supreme Judicial Court
Assumpsit on nine promissory notes, signed “Henry Price & Co.,” one of them being payable to and owned by the plaintiff, the others being sued by him in behalf of the payees therein respectively named, by whom they were respectively indorsed to him “as agent.” The declaration contained special counts on the several notes, and also the general money, counts.
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Assumpsit on nine promissory notes, signed “Henry Price & Co.,” one of them being payable to and owned by the plaintiff, the others being sued by him in behalf of the payees therein respectively named, by whom they were respectively indorsed to him “as agent.” The declaration contained special counts on the several notes, and also the general money, counts. Plea, the general issue At the trial, before Putnam J., the plaintiff produced as a witness Elisha Copeland junior, who testified, that in October 1828, the defendants and the witness entered into an agreement as follows: “ Boston, Oct.…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. The oh-
ject of the present suit is to recover the price of certain merchandise alleged to have been sold by the plaintiff and others to the defendants. The contract of sale was made by H. Price & Co. with the owners of the merchandise. But it is manifest that H. Price & Co. acted as agents. And whether they disclosed their agency or not, the property did not pass to them, but to their principals. The defendants and one Copeland became the owners of the brig Plant, and engaged in a voyage to California. They employed H- Price & Co. and Copeland to…
2Cases cited6 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Goodenow v. TylerMassachusetts Supreme Judicial Court · 1810
- Chapman v. DurantMassachusetts Supreme Judicial Court · 1813
- Jackson v. RobinsonU.S. Circuit Court for the District of Rhode Island · 1822
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