Legal Opinion

Slater Woollen Co. v. Lamb

Massachusetts Supreme Judicial Court

Decided January 10, 1887PublishedCited by 18 opinions

Contract, upon an account annexed, for goods sold and delivered. At the trial in the Superior Court, before Bacon, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which were disallowed by the presiding judge. The defendant filed a petition in this court to prove his exceptions.

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Contract, upon an account annexed, for goods sold and delivered. At the trial in the Superior Court, before Bacon, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which were disallowed by the presiding judge. The defendant filed a petition in this court to prove his exceptions. The case was referred to a commissioner, who made his report; and the case was argued on the question whether the exceptions alleged were true, and also on the question whether, if they were true, they should be sustained. The facts material to the point decided appear in the…

1Opinion of the CourtField, J.

If we assume that the truth of the exceptions has been established, we think that they must be overruled. The substance of the defendant’s contentions is, that the Slater Woollen Company, having been incorporated “for the purpose of manufacturing fabrics of wool and worsted or of a mixture thereof with other textile materials,” could not, by and in the name of persons who were in fact keeping a store as its agents, but whose agency was undisclosed, sell groceries, dry goods, and other similar articles to the defendant, who was not employed by the company, and then maintain an action against…

2Cases cited10 opinions

  1. National Bank v. MatthewsSupreme Court of the United States · 1879
  2. National Bank v. WhitneySupreme Court of the United States · 1881
  3. Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
  4. Township of Pine Grove v. TalcottSupreme Court of the United States · 1874
  5. Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883

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3Cited by18 opinions

  1. Nims v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1893
  2. Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
  3. New York Bank Note Co. v. Kidder Press Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
  4. Hubbard v. Worcester Art MuseumMassachusetts Supreme Judicial Court · 1907
  5. Commissioner of Banks v. Tremont Trust Co.Massachusetts Supreme Judicial Court · 1927

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