Brown v. Babcock
Massachusetts Supreme Judicial Court
This action was brought to recover the amount of all invoice of goods shipped by the plaintiffs, merchants in Great Britain, to Lewis Glover.
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This action was brought to recover the amount of all invoice of goods shipped by the plaintiffs, merchants in Great Britain, to Lewis Glover. At the trial before Parker, J., at the last November term, the plaintiffs’ counsel stated that after the shipment, and before the arrival of these goods, Glover, who had discontinued business, informed an agent of the plaintiffs here, that he should not take the goods on his own account, to which the agent agreed; that, on the arrival of the goods, no person appeared to take the consignment of them, and they remained for some time in the custody of the…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
As the plaintiffs, in their declaration (4), admit Glover to be their agent in this transaction, they are bound by this admission ; and if they fail in this action, they cannot have recourse to him as the purchaser. If therefore he has any interest, he is called to testify against that interest. But in fact he has no interest ; for if the defendants should pay the money to him on his account, he would then be chargeable to the plaintiffs as for money received to their use. And if the money is not paid to him, the plaintiffs can…
2Cases cited4 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Loker v. HaynesMassachusetts Supreme Judicial Court · 1814
- New York Slate Co. v. OsgoodMassachusetts Supreme Judicial Court · 1814
3Cited by6 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Locke's v. PalmerSupreme Court of Alabama · 1855
- Nisbet v. LawsonSupreme Court of Georgia · 1846
- Taylor v. LutherU.S. Circuit Court for the District of Rhode Island · 1835
- Desha's Exrs. v. RobinsonSupreme Court of Arkansas · 1856
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