Eaton v. Cook
Supreme Court of Vermont
Trover for a lot of hardware goods. Plea the general issue and trial by jury, at the June term, 1858, Barrett, J.¿ presiding. On trial the following facts appeared : Barnes & Brothers were manufacturers of shoe thread, &c. in Corinth, Vt.
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Trover for a lot of hardware goods. Plea the general issue and trial by jury, at the June term, 1858, Barrett, J.¿ presiding. On trial the following facts appeared : Barnes & Brothers were manufacturers of shoe thread, &c. in Corinth, Vt. They had been accustomed for' a considerable time to' sell their manufactures to the plaintiffs, who were hardware dealers in Boston, sometimes receiving payment in cash, and sometimes by drawing orders payable in hardware on the plaintiffs in favor of country merchants with whom Barnes & Brothers were dealing. Barnes & Brothers, being indebted to the…
1Opinion of the Court
RfcDi'iBLD, Ch. J.
I. The parties treated the transaction, in this case, as a sale directly from the plaintiffs to the defendant. The goods were so billed. If that is the proper view of the case, there was no credit, and of course no right to stop in transits For that right is made dependent upon the sale being upon credit. So far as the defendant is concerned, the case is the same as if the goods had been bought upon the sale of the note, or accepted bill of Barnes & Brothers, without any indorsement or guaranty by the defendant, or an indorsement without recourse. In that view there could be…
2Cited by6 opinions
- A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898
- Weyerhaeuser Timber Co. v. First National BankOregon Supreme Court · 1934
- Canterbury v. Bank of SpartaWisconsin Supreme Court · 1895
- Delafield v. Lewis Mercer Construction Co.Supreme Court of North Carolina · 1896
- M. & L. R. R. R. v. FreedSupreme Court of Arkansas · 1882
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