Traub v. Milliken
Supreme Judicial Court of Maine
On Report. Assumpsit on an account annexed to the writ, of the following tenor : Messrs. W. & C. R. Milliken, Jan. 3d, 1867. Bought of Traub, Parkinson & Co., 64 boxes sugar,...........$2950.20. After the evidence was all in, the case was continued on report, —the court to enter such judgment as the law and evidence required.
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On Report. Assumpsit on an account annexed to the writ, of the following tenor : Messrs. W. & C. R. Milliken, Jan. 3d, 1867. Bought of Traub, Parkinson & Co., 64 boxes sugar,...........$2950.20. After the evidence was all in, the case was continued on report, —the court to enter such judgment as the law and evidence required. The remaining facts sufficiently appear in the opinion. cited Story on Agency (6th ed.), § 413 ; Kinder v. Shaw, 2 Mass. 398; Parsons v. Webb, 8 Greenl. 38; Siernermann v. Cowing, 7 Johns. Chan. 275; Story on Agency, §§ 78, 103, a (8).
1Opinion of the CourtTapley, J.
On the 3d day of January, 1867, the defendants purchased of one Hosea I. Robinson a quantity of sugar and paid therefor, in part by his own check which they held, and in part by cash paid for duties due upon the sugars.
The plaintiffs now claim to recover pay of the defendants for the same, alleging that they are the owners, that Robinson was their agent, and that being such, lie had no power to sell and receive in payment therefor a debt of his own.
From the evidence reported, it appears that Robinson was an importer and dealer in sugars; that June 27, 1866, the plaintiffs consigned to him for…
2Cases cited1 opinion
- Kelley v. MunsonMassachusetts Supreme Judicial Court · 1811
3Cited by3 opinions
- Henderson v. BottsMissouri Court of Appeals · 1894
- Crocker v. IronsMissouri Court of Appeals · 1877
- Rice & Bullen Malting Co. v. International BankAppellate Court of Illinois · 1899