Shoninger v. Peabody
Supreme Court of Connecticut
Suit for the correction, of the finding and judgment in the case of Shoninger v. Peabody, reported in 57 Conn. R., p. 42, and for a new trial of the case; brought to the District Court of Waterbuiy.
Read the full summary
Suit for the correction, of the finding and judgment in the case of Shoninger v. Peabody, reported in 57 Conn. R., p. 42, and for a new trial of the case; brought to the District Court of Waterbuiy. The material part of the complaint was as follows: 1. Said Shoninger & Co. brought a civil action in assumpsit to this court, returnable on the first Monday of February, 1887, and at the January term of this court, 1888, a trial was had of said cause upon issue joined on the answer of the defendant before the court, and a judgment was rendered for the plaintiffs to recover the sum of $225 and…
1Opinion of the CourtCarpenter, J.
When the original case was before this court, (57 Conn., 42,) the question was not, whether the piano was sold to the defendant, but what were the terms of the sale ? The sale was admitted. The pleadings raised no question as to the terms of sale. That question arose upon the evidence. The plaintiffs’ agent, who sold the piano, testified that payment was to be made in commissions to be earned by the defendant as a broker in the business of the agent. It appeared that the defendant paid $75 in cash, that he earned commissions on the agent’s account amounting to $185, and that there was $40 of…
2Cases cited1 opinion
- Shoninger v. PeabodySupreme Court of Connecticut · 1889
3Cited by2 opinions
- Vetesnik v. MagullIllinois Supreme Court · 1932
- Heinzerling v. AgenWashington Supreme Court · 1907